Federal Courts Can Hear Junk Fax Cases – AND That’s the Fax, Jack

The United States Supreme Court  recently decided that “junk fax” cases – cases seeking the $500 statutory penalty under the Telephone Consumer Protection Act – can be heard in federal court on the basis that they pose a “federal question”.  Previously, New Jersey and some other states held interpretations that the peculiar wording in the TCPA statute only allowed the cases to be filed in state courts.  This is a positive turn of events for New Jersey consumers, as some state court judges seemed to have grown particularly hostile to such claims over the past few years.  It seems that it is forgotten that the “junk faxers” use up time, toner and your phone lines, in effect forcing you to bear the burden of their illegal advertisements.  The Supreme Court decision is here: Mims v Arrow Financial   And if you have any questions about a junk fax or your rights as a consumer, please call – do not fax – for a free consultation.  And yes, I know you cannot find my fax number anywhere on the website.

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