FOXHALL REALTY LAW OFFICES v. TELECOM. PREM. SERV.

Docket No. 97-9147.

156 F.3d 432 (1998)

FOXHALL REALTY LAW OFFICES, INC., on behalf of itself and all others similarly situated, Plaintiff-Appellant, v. TELECOMMUNICATIONS PREMIUM SERVICES, LTD., d/b/a TPS Call Sciences, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided September 28, 1998.


Attorney(s) appearing for the Case

Robert J. Schechter, New York City (Schechter & Nimkoff, LLP, New York City, of counsel), for Plaintiff-Appellant.

Warren Anthony Fitch, Washington, DC (Robert V. Zener, Swidler & Berlin, Chartered, Washington, DC, on the brief), for Defendant-Appellee.

Before: McLAUGHLIN and PARKER, Circuit Judges, and SPATT, District Judge.


PARKER, Circuit Judge:

Like the Fourth Circuit, and the other circuit courts that have considered the issue before us, we too reach "the somewhat unusual conclusion that state courts have exclusive jurisdiction over a cause of action created by" a federal statute, the Telephone Consumer Protection Act of 1991, 47 U.S.C. § 227, Pub.L. No. 102-243, 105 Stat. 2394 (1991) (the "TCPA"). See International Science & Tech. Inst., Inc. v. Inacom Communications...

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