Oral argument: Nov. 28, 2011
Appealed from: United States Court of Appeals for the Eleventh Circuit (Nov. 30, 2010)
Petitioner Marcus Mims alleges that Respondent Arrow Financial Services violated the Telephone Consumer Protection Act (“TCPA”) by leaving numerous voice mail messages on his cellular phone using an automatic dialer and a prerecorded message. Mims argues that federal jurisdiction exists over private claims under the TCPA because federal courts have broad jurisdiction when questions arise under federal law. Arrow counters that Congress divested federal courts of jurisdiction for private TCPA claims based on the language of the statute. The Eleventh Circuit affirmed a district court decision to dismiss Mims's TCPA claims for lack of subject-matter jurisdiction. The Supreme Court will determine whether Mims may bring a private claim in federal court for alleged violations of the TCPA. The decision will impact the ways in which individuals and businesses can counter abusive telemarketing.
