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THE CHAIR KING v. GTE MOBILNET OF HOUSTON

No. 04-0570.

184 S.W.3d 707 (2006)

THE CHAIR KING, INC., Chair King, S.A., Inc., Jerome Kosoy, M.D., M.E. Ford and Associates, Beautique, Inc., Discovery Services of Texas, Inc., Vantage Shoe Warehouse, Inc., Counselor Systems, Inc., Pope and Booth, P.C., Jeffrey K. Musker, D.C., and Pope Escrow Company, Petitioners, v. GTE MOBILNET OF HOUSTON, INC., and Chick-Fil-A, Inc., Respondents.

Supreme Court of Texas.

Decided February 3, 2006.

Attorney(s) appearing for the Case

Anne Cohl Gravelle, Akin Gump Strauss Hauer & Feld, LLP, Austin, Steven M. Zager, Murry B. Cohen, Akin Gump Strauss Hauer & Feld, LLP, Houston, for Petitioner.

Julius Glickman, Ashton Carlo Bachynsky, Glickman & Hughes, L.L.P., Thomas C. Wright, Chad Michael Forbes, Richard Russell Hollenbeck, Wright Brown & Close, LLP, Geoffrey H. Bracken, Kimberly Robinson Phillips, Gardere Wynne Sewell LLP, Houston, for Respondents.

Justice O'NEILL delivered the opinion of the Court.

The suit underlying this appeal complains of unsolicited faxes sent in violation of the federal Telephone Consumer Protection Act, 47 U.S.C. § 227 ("TCPA"), which grants those who receive illegal faxes a private cause of action in state court "if otherwise permitted by the laws or rules of court of a State." 47 U.S.C. § 227(b)(3). Texas did not expressly permit a private right of action for unsolicited...

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