Autoflex Leasing, Inc. v. Manufacturers Auto Leasing, Inc

In Autoflex Leasing, Inc. v. Manufacturers Auto Leasing, Inc., 16 S.W.3d 815 (Tex.App.2000), the court upheld a trial court's denial of subject-matter jurisdiction of a TCPA complaint. In support of its holding, the Autoflex court cited a comment by the TCPA's author, Senator Hollings, that he expected states to "'act reasonably in permitting their citizens to go to court to enforce this bill.'" Id. at 817 n.14 (quoting 137 Cong. Rec. S16,205-06 (daily ed. Nov. 7, 1991)). Read in context, however, that comment does not reflect a choice by the Senator between an "opt-in" and an "opt-out" requirement. Rather, the Senator was speaking about the bill's silence on the question of "which court in each State shall be the proper venue for such an action, as this is a matter for State legislators to determine." 137 Cong. Rec. S16,205-06 (daily ed. Nov. 7, 1991). The Senator then expressed a hope that states would direct such actions to small claims courts, where a consumer could appeal without an attorney, in order to avoid the burden of counsel fees. Ibid. The Senator's comments had nothing to do with the "opt-in"/"opt-out" issue. The Texas court also relied on "the majority of federal courts that have addressed the issue." Autoflex, supra, 16 S.W.3d at 817 n.15.