Eleventh Circuit Reverses Mais

In what promises to have significant implications for litigation under the Telephone Consumer Protection Act (TCPA), the Eleventh Circuit Court of Appeals reversed the decision issued by Judge Robert Scola of the Southern District of Florida in Mais v. Gulf Coast Collection.
The Eleventh Circuit ruled that Judge Scola exceeded his jurisdiction—as a district court judge—to “enjoin, set aside, annul, or suspend” an FCC Order, based on the Hobbs Act, which provides that any “proceeding to enjoin, set aside, annul, or suspend any order of the Commission” must be brought under the Hobbs Act’s procedures. <more>