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MULHERN v. MacLEOD

441 Mass. 754 (2004)

THOMAS MULHERN v. JOHN G. MACLEOD.

Supreme Judicial Court of Massachusetts, Worceste.

May 21, 2004.

Attorney(s) appearing for the Case

Edward A. Broderick (Matthew P. McCue with him) for the plaintiff.

Michael R. Byrne (William D. Chapman with him) for the defendant.

Thomas F. Reilly, Attorney General, & Christopher K. Barry-Smith & April C. English, Assistant Attorneys General, for the Commonwealth, amicus curiae, submitted a brief.

Robert Biggerstaff, pro se, amicus curiae, submitted a brief.

Present: Marshall, C.J., Greaney, Ireland, Spina, Cowin, Sosman, & Cordy, JJ.

MARSHALL, C.J.

We consider in this case whether an individual may commence a private action in a Massachusetts State court against telemarketers who violate a Federal statute, the Telephone Consumer Protection Act of 1991 (TCPA), 47 U.S.C. § 227 (2000), as amended. The appeal arises from the decision of a judge in the Superior Court to dismiss for lack of subject matter jurisdiction a class action alleging violations...

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