Kaufman

In this appeal we determine the applicability and constitutionality of a federal statute that restricts unsolicited facsimile (fax) advertisements, commonly called “junk fax.” The federal Telephone Consumer Protection Act of 1991 (TCPA or Act) ( Pub.L. No. 102-243, § 3 (a) (Dec. 20, 1991) 105 Stat. 2395 ) prohibits the sending of unsolicited advertisements to fax machines. Anyone receiving such a fax may, “if otherwise permitted by the laws or rules of court of a State, bring in an appropriate court of that State ... [(K] ... an action [seeking injunctive relief and actual monetary loss or $500 in damages, whichever is greater, plus treble damages for willful or knowing violations].” ( 47 U.S.C. § 227 (b)(3)(A)-(C).)

The trial court ruled that plaintiffs could not pursue a TCPA claim in state court because the California Legislature had not enacted a statute expressly permitting such a claim. The trial court also ruled that the TCPA is constitutional and that TCPA claims may be brought as a class action. We agree with the trial court’s resolution of the constitutional and class action issues but conclude that a TCPA action may be maintained in state court because the…