CONDON v. OFFICE DEPOT, INC.

No. 2D02-1688.

855 So.2d 644 (2003)

Timothy CONDON, Appellant, v. OFFICE DEPOT, INC., a Delaware corporation d/b/a Office Depot, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied October 7, 2003.


Attorney(s) appearing for the Case

Michael C. Addison of Addison & Delano, P.A., Tampa, for Appellant.

Richard M. Zabak and Rebecca O'Dell Townsend of Gray, Harris & Robinson, P.A., Tampa, for Appellee.


FULMER, Judge.

In this appeal we consider whether Florida recognizes a private cause of action arising under the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227 (1999), in the absence of specific state legislation authorizing such action. We hold that no enabling legislation is required before this claim can be heard in state courts. Therefore, we reverse.

In a complaint filed in circuit court, Timothy Condon alleged that Office Depot violated...

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