Condon v. Office Depot, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding Florida did not “opt out” of TCPA by, prior to enactment of TCPA, passing statutes regulating unsolicited fax advertisements without allowing for private damage claims
• noting that because state law providing for enforcement by attorney general preceded enactment of the TCPA, court did “not consider it as a legislative refusal to permit a private cause of action under this later-enacted federal law”
• finding Florida did not opt-out of the TCPA by passing a statute regulating unsolicited fax advertisements prior to passage of TCPA
• stating that the “if otherwise permitted” language is ambiguous
• rejecting “opt-in” approach; adopting “acknowledgment” approach on the bases of supremacy clause, statute’s language, and legislative history
• “There is a presumption of state court jurisdiction over claims arising under federal law”

Source: CourtListener parenthetical corpus (CC0).