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Mims v. Arrow Financial Services

Close Date: 01/18/2012
Topic(s): Consumer Justice
Court Procedure, Federal Jurisdiction, and Appellate Jurisdiction
Date Of Involvement: 03/31/2011
Docket: 10-1195

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Description:

This case arises under the Telephone Consumer Protection Act, the key federal statute aimed at telemarketing abuse. Marcus Mims sued Arrow Financial in federal district court, alleging violations of the TCPA. The district court and the court of appeals both held that they lacked jurisdiction over Mims' TCPA claim because, in their view, the TCPA creates exclusive state-court jurisdiction over private actions. The federal courts of appeals were divided 6-2 over whether federal-question jurisdiction exists for claims under the Act. We filed a cert. petition with the Supreme Court, which granted our petition and heard argument in the case in the fall of 2011. On January 18, 2012, the Court ruled unanimously in our favor.