Legal Opinion
R.A. Ponte Architects, Ltd. v. Investors' Alert, Inc.
Court of Special Appeals of Maryland
Decided January 29, 2003No. 537, Sept. Term, 2001PublishedCited by 12 opinions
1Opinion of the CourtBarbera, J.
In this appeal we decide a question of first impression— whether a private cause of action may be brought in Maryland to enforce the prohibition in the Telephone Consumer Protection Act of 1991 (“the TCPA” or “the Act”), against the transmission of unsolicited commercial facsimiles. We hold that the General Assembly has not accepted the jurisdiction conferred upon the states by the TCPA, and, thus, such private actions may not be brought in Maryland state courts.
The underlying facts of this case are not in dispute. On several occasions during the summer of 2000, appellant, R.A. Ponte…
2Cases cited28 opinions
- Transamerica Mortgage Advisors, Inc. v. LewisSupreme Court of the United States · 1979
- Maryland v. WilsonSupreme Court of the United States · 1997
- New York v. United StatesSupreme Court of the United States · 1992
- Testa v. KattSupreme Court of the United States · 1947
- Karahalios v. National Federation of Federal Employees, Local 1263Supreme Court of the United States · 1989
23 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Lynn v. Monarch Recovery Management, Inc.District Court, D. Maryland · 2013
- R.A. Ponte Architects, Ltd. v. Investors' Alert, Inc.Court of Appeals of Maryland · 2004
- Chair King, Inc. v. GTE Mobilnet of Houston, Inc., Texas Court of Appeals, 14th District (Houston)2004
- Chair King, Inc. v. GTE Mobilnet of Houston, Inc.Texas Supreme Court · 2006
- Accounting Outsourcing, LLC v. Verizon Wireless Personal Communications, L.P.District Court, M.D. Louisiana · 2004
7 more not listed; retrieve them via the Exa API.