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eBook details

• Title: Chairking, Inc. v. GTE Mobilnet of Houston, Inc.
• Author : In the Supreme Court of Texas
• Release Date : January 03, 2006
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 75 KB

Description

The suit underlying this appeal complains of unsolicited faxes sent in violation of the federal Telephone Consumer Protection Act, 47 U.S.C. 227 ("TCPA"), which grants those who receive illegal faxes a private cause of action in state court "if otherwise permitted by the laws or rules of court of a State." 47 U.S.C. 227(b)(3). Texas did not expressly permit a private right of action for unsolicited faxes until September 1, 1999, when the Legislature amended the Business and Commerce Code to allow parties to bring suit in state court for TCPA violations. Act of May 26, 1999, 76th Leg., R.S., ch. 635, 1, 1999 Tex. Gen. Laws 3203 (current version at TEX. BUS. & COM. CODE 35.47(f)). We must decide whether the faxes at issue in this case, which were sent before September 1, 1999, are actionable in Texas state courts under the TCPA. We conclude that they are not, and reverse and render judgment against the recipients.

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