First Capital Mortgage Corp. v. Union Federal Bank of Indianapolis

Must Illinois courts allow a private right of action under a federal statute that provides for such a right? The Telephone Consumer Protection Act of 1991 (the Act) (47 U.S.C. §227(b)(3) (2000)) establishes a private right of action for its violation “if otherwise permitted” by state court rules. We hold that the Act requires Illinois courts to allow a private right of action unless a neutral rule of judicial administration bars the cause. Because we find no applicable rule that bars the cause of action here, we find that the plaintiff has a right to pursue a claim under the Act.

In 2004 First…