Marcus D. Mims, Petitioner v. Arrow Financial Services, LLC (565 U.S. 368)

U.S. Supreme Court · decided January 18, 2012 · Supreme Court Database (Spaeth)

Citation
565 U.S. 368 · 132 S. Ct. 740
Decided
January 18, 2012
Term
October Term 2011
Vote
9–0
Majority author
Justice Ginsburg
Issue area
Economic Activity
Disposition
Reversed and remanded
Outcome
Petitioning party won
Ideological direction
Liberal

Opinion excerpt

(Slip Opinion) OCTOBER TERM, 2011 1 Syllabus NOTE: Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. See United States v. Detroit Timber & Lumber Co., 200 U.S. 321 , 337. SUPREME COURT OF THE UNITED STATES Syllabus MIMS v. ARROW FINANCIAL SERVICES, LLC CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT No. 10–1195. Argued November 28, 2011—Decided January 18, 2012 Consumer complaints about abuses of telephone technology—for exam- ple, computerized calls to private homes—prompted Congress to pass the Telephone Consumer Protection Act of 1991 (TCPA or Act), 47 U.S. C . §227. Congress determined that federal legislation was needed because telemarketers, by operating interstate, were escaping state-law prohibitions on intrusive nuisance calls. The Act bans cer- tain invasive telemarketing practices and directs the Federal Com- munications Commission (FCC) to prescribe implementing regula- tions. It authorizes States to bring civil actions to enjoin prohibited practices and recover damages on their residents’ behalf, 47 U.S. C . A. §227(g)(1) (Supp. 2011), and provides that jurisdiction over these state-initiated suits…

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