(Download) "Turlington v. Atlanta Gas Light Co." by Eleventh Circuit U.S. Court of Appeals # eBook PDF Kindle ePub Free
eBook details
- Title: Turlington v. Atlanta Gas Light Co.
- Author : Eleventh Circuit U.S. Court of Appeals
- Release Date : January 26, 1998
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 73 KB
Description
Sam Nicholson appeals the district courts dismissal of his action against Hooters of Augusta, Inc. for failure to state a claim. Nicholson alleged that Hooters violated the Telephone Consumer Protection Act, 47 U.S.C. § 227 (1994), by sending unsolicited advertisements to Nicholsons facsimile machine. Nicholson contends the court erred in concluding that the Telephone Consumer Protection Act covers only interstate, and not intrastate, transmissions of unsolicited advertisements by facsimile, and that individual citizens may not bring suit under the Act. Because we conclude that Congress granted state courts exclusive subject matter jurisdiction over private actions under the Act, we vacate the judgment of the district court and remand with directions to dismiss this case for lack of subject matter jurisdiction.
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