Ponte v. Investors' Alert

In Ponte v. Investors' Alert, 382 Md. 689, 857 A.2d 1 (2004), the Court of Appeals reviewed a claim based upon the TCPA and confirmed that a private cause of action seeking damages pursuant to 47 U.S.C. 227(b)(3) could be prosecuted in the courts of this State. The Court of Appeals stated: "The issue in this case concerns the Congressional intent underlying the phrase 'if otherwise permitted by the laws or rules of court of a State,' along with the relationship between the language of the federal statute and state law." Id. at 703. Reviewing the legislative history of the TCPA, the Court of Appeals stated, id. at 707: "Congress enacted the Telephone Consumer Protection Act in November 1991, and it was signed into law in December of that year. The purpose of the Act was to address telemarketing practices that were made possible by technological changes that resulted, inter alia, in a substantial increase in unsolicited commercial telephone calls and faxes, and the resulting expense and disruption imposed on the recipients. At that point in time, some states had begun to take action to restrict such telemarketing practices. . . . State laws, however, had limited effect because states did not have jurisdiction over interstate calls. The federal law was primarily intended to reach unsolicited facsimile and other telephone communications that crossed state lines, and fell outside the jurisdiction of the states."