(Download) "Dist. of Columbia v. Harris" by District of Columbia Court of Appeals. # eBook PDF Kindle ePub Free
eBook details
- Title: Dist. of Columbia v. Harris
- Author : District of Columbia Court of Appeals.
- Release Date : January 12, 2001
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
This appeal stems from the dismissal of appellants action for money damages and attorneys fees for alleged violations of the Telephone Consumer Protection Act of 1991, 47 U.S.C. Γ§ 227, ("TCPA" or "Act") which prohibits the sending of unsolicited advertisements to fax machines. See id. Γ§ 227 (b)(1)(C). Appellant, a non-profit organization located in the District of Columbia, filed a class action on behalf of non-profit organizations and others located in the District who have received unsolicited faxes -- newsletters titled "Investors Alert" -- from appellees. The trial court granted appellees motions to dismiss after interpreting the TCPA provision that private actions may be filed in state courts "if otherwise permitted by the laws or rules of Court of a State" to mean that a state (which under the TCPA includes the District of Columbia) must affirmatively adopt enabling legislation opting to permit private lawsuits to be brought under the Act -- something the District of Columbia has not done. Alternatively, the trial court based its dismissal of the complaint against some of the defendants on a determination that they were "service providers" not liable under the TCPA for sending the unsolicited faxes.