The Supreme Court has conclusively determined that private plaintiffs may bring Telephone Consumer Protection Act (TCPA) claims in federal court, resolving a conflict among the federal circuit courts of appeal. On January 18, 2012, in Mims v. Arrow Financial Services, the Court held that both federal and state courts have jurisdiction to hear private rights of action under the TCPA.

Mims conclusively opens federal courts to private TCPA actions, providing additional forum flexibility to the TCPA plaintiffs’ bar. As a result, the number of federal TCPA lawsuits against debt collectors, loan servicers, telemarketers, and other parties placing calls subject to the TCPA is expected to increase.