Author Topic: How can I keep a TCPA claim from being removed to Federal?  (Read 206 times)

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tijuanasam

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How can I keep a TCPA claim from being removed to Federal?
« on: September 13, 2014 02:29:09 AM »
I'm wanting to file a TCPA claim...and I understand that they can be appropriately filed/heard/adjudicated in state courts. Considering I'm rather familiar & comfortable w/my states' civil court procedure, I'd like to file my action in state court...but my fear is that, being a pro se plaintiff, the defendant will try to intimidate me by going for a venue change & attempt to have it removed to federal, a venue that I'm decidedly not familiar with & a little fearful of.

As the title of my post quite simply asks...how can I keep my case from NOT being moved out of state court, any tips?

And yeah...I've got all my documentation, the call was into my state (our area code), and I've tried to settle (sent an ITS & offer of settlement letter) and was summarily ignored.

HarryC

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Re: How can I keep a TCPA claim from being removed to Federal?
« Reply #1 on: September 13, 2014 03:50:06 AM »
You can't, assuming they properly remove it within the 30 days they're permitted to.
I'm not a lawyer and I'm not even very smart.  You'd be well advised not to listen to anything I have to say.

hamsalad

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Brunothe JDBKiller

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Re: How can I keep a TCPA claim from being removed to Federal?
« Reply #3 on: September 13, 2014 01:05:06 PM »
the call was into my state

Only one call? That's pretty weak. Also, you have to prove they used an autodialer to call your cell phone, not just that they have one.
I am not an attorney. Any information I post is strictly my opinion and should be treated as such.

some2me

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Re: How can I keep a TCPA claim from being removed to Federal?
« Reply #4 on: September 14, 2014 01:24:33 PM »
I'm wanting to file a TCPA claim...and I understand that they can be appropriately filed/heard/adjudicated in state courts. Considering I'm rather familiar & comfortable w/my states' civil court procedure, I'd like to file my action in state court...but my fear is that, being a pro se plaintiff, the defendant will try to intimidate me by going for a venue change & attempt to have it removed to federal, a venue that I'm decidedly not familiar with & a little fearful of.

As the title of my post quite simply asks...how can I keep my case from NOT being moved out of state court, any tips?

There isn't anything that you can do to prevent a defendant from removing a state-court filed TCPA claim to federal court.  I have had defendants remove single-call cases to federal court.  In each case they ultimately settled for the same thing that I would have settled for in state court.  The removal could have been done for the possible intimidation factor or it could have simply been what those particular defendants do as a matter of course, since they are more familiar and comfortable in federal court.

If your state has a law similar to the TCPA, and you can make a state claim instead of a TCPA claim, then the defendant could not remove your state-claim based case to federal court.  I am not sure if a defendant can remove a case in which there is BOTH a state claim and a TCPA claim.

fisthardcheese

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Re: How can I keep a TCPA claim from being removed to Federal?
« Reply #5 on: September 14, 2014 03:28:45 PM »
the call was into my state

Only one call? That's pretty weak. Also, you have to prove they used an autodialer to call your cell phone, not just that they have one.

I don't know, Bruno.... a $1,500 claim for a single TCPA violation is still a violation. There is nothing that says to what degree a violation must be before you sue.  Also, the proof will come in discovery, but for a single violation, any company would be foolish to even get to that point anyway. I would imagine a $500 check for a dismissal right away.
As a Plaintiff: 4 Settlements (3 in arb pre-hearing)
As a Defendant: 2 JDB Suits Dismissed With Prejudice