TCPA Case in Federal Court Considerations?

[zowensby]

What is the name of your state (only U.S. law)? AZ


Hello,

Can anyone give me an idea about what is involved with filing a TCPA case in Federal Court (I live in Arizona)?

I did file a small claims court case and the judge threw it out for improper venue right off the bat. HA, I knew that it was the luck of the draw (other local judges have reportedly heard such cases in this court setting), but I actually thought that the defendant would settle out of court. I have been quite lenient with them (five documented requests to stop calling me) and was voluntarily willing to settle a potential $10000 case for the $3000 maximum of my local small claims court. Surprisingly, they showed up all ready to present their case, which I can't imagine what it was, as I have more than enough damaging evidence to back up my case. Yup, they got lucky.

So, any suggestions from anyone on stepping up to Federal Court would be appreciated. I would very likely represent myself. What are the typical costs of just filing? How about the cost of deposing the defendants employees myself?


Thanks,
Dr. Z.

 

[Zigner]

Please include this questions in (one of) your other thread(s). Don't keep making new threads.

 

[zowensby]

Please include this questions in (one of) your other thread(s). Don't keep making new threads.

Sorry. I viewed this as enough of a change of subject. I will repost to the other thread...

 

[justalayman]

from the tcpa:

(2) EXCLUSIVE JURISDICTION OF FEDERAL COURTS.—The district courts of the United
States, the United States courts of any territory, and the District Court of the United
States for the District of Columbia shall have exclusive jurisdiction over all civil actions
brought under this subsection. Upon proper application, such courts shall also have
jurisdiction to issue writs of mandamus, or orders affording like relief, commanding the
defendant to comply with the provisions of this section or regulations prescribed under
this section, including the requirement that the defendant take such action as is necessary
to remove the danger of such violation. Upon a proper showing, a permanent or
temporary injunction or restraining order shall be granted without bond.

I did file a small claims court case and the judge threw it out for improper venue right off the bat.

not actually a venue issue but a jurisdiction issue but none the less, it doesn't belong in a state court. It's odd that it even got that far. I would think the defendant might be toying with as they should have been able to eliminate attending the hearing by simply filing a proper response stating the state court does not have jurisdiction in matters concerning the TCPA.

Can anyone give me an idea about what is involved with filing a TCPA case in Federal Court (I live in Arizona)?

You write the complaint and file it with the courts along with serving the defendant. The rules of federal civil court are available online.

HA, I knew that it was the luck of the draw (other local judges have reportedly heard such cases in this court setting), but I actually thought that the defendant would settle out of court

Only through ignorance, either on the courts part or the defendants part. It is exclusively a federal court issue.

speaking of venue:

(4) VENUE; SERVICE OF PROCESS.—Any civil action brought under this subsection in a
district court of the United States may be brought in the district wherein the defendant is
found or is an inhabitant or transacts business or wherein the violation occurred or is
occurring, and process in such cases may be served in any district in which the defendant
is an inhabitant or where the defendant may be found.

Surprisingly, they showed up all ready to present their case, which I can't imagine what it was,

Man are you in for trouble. While many small claims courts do not allow discovery, I do believe many do require a filing of evidence of the parties prior to hearing the case.

I have not read the TCPA in its entirety but I do not recall seeing anything in there concerning a penalty, let alone a specific penalty available to the violated consumer. Care to share?

 

[Zigner]

from the tcpa:



not actually a venue issue but a jurisdiction issue but none the less, it doesn't belong in a state court. It's odd that it even got that far. I would think the defendant might be toying with as they should have been able to eliminate attending the hearing by simply filing a proper response stating the state court does not have jurisdiction in matters concerning the TCPA.


You write the complaint and file it with the courts along with serving the defendant. The rules of federal civil court are available online.

Only through ignorance, either on the courts part or the defendants part. It is exclusively a federal court issue.

speaking of venue:


Man are you in for trouble. While many small claims courts do not allow discovery, I do believe many do require a filing of evidence of the parties prior to hearing the case.

I have not read the TCPA in its entirety but I do not recall seeing anything in there concerning a penalty, let alone a specific penalty available to the violated consumer. Care to share?

Perhaps the OP is confusing this with the FDCPA?

 

[justalayman]

Perhaps the OP is confusing this with the FDCPA?

nah, I didn't read enough of the law. His actions don;t seem so far out of line but that brings into the question; how was it dismissed in the court filed?