Hooters of Augusta, Inc. v. Nicholson

Because Georgia does not provide for a private right of action under 47 USC § 227, I respectfully dissent.

The provision in question states that a person or entity may, “if otherwise permitted by the laws or rules of court of a State,” bring an action based on a violation of the Telephone Consumer Protection Act. Whether Nicholson’s class action suit is proper turns on the interpretation of “if otherwise permitted by the laws or rules of court of a State.”

When the language of a statute is plain and susceptible of but one reasonable construction, we have no authority to place a different…