ZELMA v. MARKET U.S.A.


778 A.2d 591 (2001)

343 N.J. Super. 356

Shannon ZELMA, Plaintiff-Appellant, v. MARKET U.S.A., Defendant-Respondent, and MBNA America, N.A., Defendant. Shannon Zelma, Plaintiff-Appellant, v. Providian Bancorp, Inc., Telespectrum Worldwide, Inc. and Telemark, Inc., Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided August 2, 2001.


Attorney(s) appearing for the Case

Christine M. Vanek Collins argued the cause for appellant (Scarinci & Hollenbeck, attorneys; Ms. Vanek Collins, of counsel and on the brief).

Anthony J. Andolino, Hackensack, argued the cause for respondent Market U.S.A. (Gallo Geffner Fenster, attorneys; Mr. Andolino, of counsel and on the brief).

Joseph M. Garemore, Mt. Laurel, argued the cause for respondent Providian Bancorp, Inc. (Lyons, Doughty & Veldhuis, attorneys; Mr. Garemore, of counsel and on the joint brief filed with respondent Telespectrum Worldwide, Inc.).

J. Llewellyn Mathews, Cherry Hill, argued the cause for respondent Telespectrum Worldwide, Inc. (Blank, Rome, Comisky & McCauley, attorneys; Mr. Mathews, of counsel; Jordana Cooper and Mr. Mathews, on the joint brief filed with respondent Providian Bancorp, Inc.).

Maurice A. Griffin argued the cause for respondent Telemark, Inc. (Greenbaum, Rowe, Smith, Ravin, Davis & Himmel, attorneys; Brian J. Waters, of counsel and on the brief; Jonathan W. Philipp, on the brief).

Before Judges WEFING, CUFF and LISA.


The opinion of the court was delivered by CUFF, J.A.D.

In these appeals1, we must consider whether New Jersey courts have subject-matter jurisdiction over claims arising under the Telephone Consumer Protection Act (TCPA), 47 U.S.C.A. § 227, by virtue of the general jurisdiction granted by the New Jersey Constitution or whether jurisdiction depends on the adoption of a statute or rule specifically permitting such actions in...

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