Kaufman v. ACS Systems, Inc.

How courts have described this case

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

• holding that states can opt out of TCPA damage actions and that California has not done so
• holding state enabling legislation is not required to assert private damage claims under the TCPA
• finding that trial court had jurisdiction to consider claim under 47 U.S.C. § 227 (b)(3) because state legislature had never enacted law barring such claims
• noting that “a person may file a TCPA action in state court as long as the state has not prohibited it”
• holding TCPA provides for private damage claims in state court unless prohibited by the state
• relying on International Science, noting that the “opt-in” approach has been criticized and is the minority view, and noting that California had not prohibited TCPA actions in state court

Source: CourtListener parenthetical corpus (CC0).