Defending a TCPA Class Action in California State Court

A TCPA class action doesn’t have to start in federal court. The Supreme Court held in Mims v. Arrow Financial Services that state and federal courts share jurisdiction over private TCPA suits, so a consumer can file in a California superior court and pair the federal claim with state-law claims. The business then has a choice to make quickly, because removal has a short deadline. Whether the case stays in state court or moves, the defenses on consent and class size are the same, and they’re often stronger than the complaint suggests.

Can a TCPA class action be filed in California state court?

Yes. In Mims v. Arrow Financial Services, LLC (2012) 565 U.S. 368, the Court wrote: “We hold, therefore, that federal and state courts have concurrent jurisdiction over private suits arising under the TCPA.”

The statute points to state courts directly. Both private rights of action in 47 U.S.C. § 227, the one in subsection (b)(3) and the Do Not Call claim in (c)(5), let a person sue “if otherwise permitted by the laws or rules of court of a State,” in an appropriate court of that State. A California complaint will often add a claim under the Unfair Competition Law or a privacy tort, and the post on UCL and intrusion claims added to TCPA suits covers those add-ons.

Can the business remove the case to federal court?

Usually, because the TCPA claim arises under federal law. Under 28 U.S.C. § 1441(a), “any civil action brought in a State court of which the district courts of the United States have original jurisdiction, may be removed by the defendant or the defendants” to the federal court for that district. After Mims, federal courts have that original jurisdiction over TCPA claims.

The clock starts at service. The notice of removal must be filed “within 30 days after the receipt by the defendant, through service or otherwise, of a copy of the initial pleading,” according to 28 U.S.C. § 1446(b). A business that spends its first month negotiating, or waiting for a vendor to respond to a tender, can lose the federal forum by default. The decision to remove belongs in the first week.

Should the business remove the case?

Not automatically. Federal court brings federal standing rules. In TransUnion LLC v. Ramirez (2021) 594 U.S. 413, the Court said “Article III does not give federal courts the power to order relief to any uninjured plaintiff, class action or not,” and held that each class member needs standing to recover individual damages. That’s a useful limit on a federal class.

The Ninth Circuit has made it a narrow one for unwanted texts and calls. In Van Patten v. Vertical Fitness Group, LLC (9th Cir. 2017) 847 F.3d 1037, the court described “a violation of the TCPA” as “a concrete, de facto injury,” and said “Congress identified unsolicited contact as a concrete harm.” So a standing attack on a California TCPA plaintiff who got the messages is hard to win in a Ninth Circuit court.

There’s also a trap. If a federal court finds it lacks jurisdiction, 28 U.S.C. § 1447(c) says: “If at any time before final judgment it appears that the district court lacks subject matter jurisdiction, the case shall be remanded.” A business that removes a case and then argues the plaintiff has no Article III standing is often arguing its way back to state court, not out of the lawsuit. The better reasons to remove are the larger body of federal TCPA case law and the chance to coordinate with related federal cases.

How does class certification work in California state court?

Under a different statute and a different line of cases. Code of Civil Procedure § 382 allows a representative suit “when the question is one of a common or general interest, of many persons, or when the parties are numerous, and it is impracticable to bring them all before the court.”

The California Supreme Court has set the elements. In Sav-On Drug Stores, Inc. v. Superior Court (2004) 34 Cal.4th 319, it said “The party seeking certification has the burden to establish the existence of both an ascertainable class and a well-defined community of interest among class members.” The opinion lists the community of interest factors as “predominant common questions of law or fact,” typical claims, and adequate representatives.

In a TCPA case, those words point to the same proof a federal court would want. Consent usually varies by lead source and sign-up flow, and that variation is the business’s best predominance argument in either court. Class definitions that only fit people who have a winning claim draw their own objection, covered in the post on fail-safe class definitions.

Can the business settle with the named plaintiff alone?

Yes, but a California court has to sign off. Rule 3.770(a) of the California Rules of Court says “A dismissal of an entire class action, or of any party or cause of action in a class action, requires court approval.” The request must come with a declaration, and the declaration “must clearly state whether consideration, direct or indirect, is being given for the dismissal,” according to the same rule.

Rule 3.769(a) adds that a settlement “of an entire class action, or of a cause of action in a class action, or as to a party, requires the approval of the court after hearing.” That’s a real difference from federal practice, where Rule 23(e) approval applies to a certified class or a class proposed for settlement. A quiet individual deal in a California class case isn’t quiet: the payment goes in a declaration the judge reads. The post on individual TCPA settlement and release terms covers the deal terms, and those terms should be written with the declaration in mind.

A state-court class settlement also skips one federal step. The CAFA notice to state and federal officials applies to class actions in federal court, and the post on CAFA notice for TCPA class settlements covers what that notice requires. Choosing a forum for settlement is part of California TCPA defense, not an afterthought.

First steps after a TCPA class action is served in superior court

1. Put a litigation hold on the call and text logs, dialer and platform data, and consent records for the plaintiff and the proposed class.
2. Pull the opt-out and internal do-not-call logs with dates for the numbers in the complaint.
3. Pull the National Do Not Call Registry scrub records and the Registry version dates used for the campaigns at the center of the case.
4. Gather the vendor and lead-source contracts and scripts, any prerecorded or AI-voice files, and the insurance policies that may need notice.
5. Talk to a lawyer before the removal deadline runs, and before contacting the plaintiff or offering anything to settle.

Questions about TCPA class actions in California state court

Why would a plaintiff file a TCPA class action in state court?

Plaintiffs’ lawyers choose their forum for their own reasons, such as familiarity with local practice or a plan to pair the TCPA claim with California statutes. State court also keeps the case away from federal standing rules. For the business, the filing choice is a starting point. The defendant’s own forum decision, removal or not, comes within weeks.

Does removing the case waive any defenses?

Removal itself isn’t a waiver of defenses like consent. But other steps taken in court can affect rights, such as an arbitration agreement. The post on waiving arbitration in a TCPA case covers how litigation conduct can give up the right to arbitrate, and a business holding one should raise it in its first filing.

Can a California court certify a nationwide TCPA class?

Section 382 doesn’t limit a class to California residents. A nationwide class raises questions about which state’s law applies to the add-on claims and whether common issues still predominate. The TCPA claim is federal, so it’s the same everywhere, but consent records often aren’t. That variation is the place to start.

Is a demurrer the same as a motion to dismiss?

They serve a similar purpose. A demurrer tests whether the complaint states a claim under California pleading rules, which differ from federal ones. A business that plans to remove should usually do so before filing a demurrer, so the pleading attack happens in the forum where the case will be decided.

When the TCPA case is in superior court

If your company has been served with a TCPA class action in a California superior court, the first decision is whether to stay or remove, and it has to be made within weeks of service. Rosenberger + Kawabata represents businesses defending TCPA lawsuits and class actions through its business litigation practice, including claims involving class-wide marketing calls and texts. Contact Rosenberger + Kawabata online for a confidential consultation, or call (310) 894-6921.

Sources

The statutes are the Telephone Consumer Protection Act at 47 U.S.C. § 227, the removal statutes at 28 U.S.C. § 1441, 28 U.S.C. § 1446, and 28 U.S.C. § 1447, and California’s class action statute at Code of Civil Procedure § 382.

The court rules are California Rules of Court rule 3.769 and rule 3.770.

The court decisions are Mims v. Arrow Financial Services, LLC (2012) 565 U.S. 368, TransUnion LLC v. Ramirez (2021) 594 U.S. 413, Van Patten v. Vertical Fitness Group, LLC (9th Cir. 2017) 847 F.3d 1037, and Sav-On Drug Stores, Inc. v. Superior Court (2004) 34 Cal.4th 319.

This post is general information about the Telephone Consumer Protection Act and related laws as of April 26, 2026. It is not legal advice, and reading it does not create an attorney-client relationship. Courts and the FCC change the rules in this area often, and the outcome of any claim depends on its facts. Past results do not guarantee future outcomes.