Craftwood II, Inc. v. Generac Power Systems, Inc., No. 18-2883 (7th Cir. 2019)Annotate this Case
Plaintiffs operate California hardware businesses. They sued under the Telephone Consumer Protection Act, 47 U.S.C. 227, claiming that defendants sent them unsolicited fax advertisements. The district judge dismissed, believing that defendants had substantially met the requirements of a section 227(b)(1)(C) defense and had not established injury. The Seventh Circuit vacated, stating that the district court treated a defense as if it were an element of subject-matter jurisdiction. A plaintiff’s failure on the merits does not divest a federal court of jurisdiction. When subject-matter jurisdiction is at stake, a district judge may resolve factual disputes and make any findings necessary to determine the court’s adjudicatory competence. If the court has jurisdiction, it must take all plausible allegations in favor of the complainant when handling a motion to dismiss. Plaintiffs alleged that they received unsolicited fax ads, causing injury: printing the faxes used costly paper and toner and the need to read the incoming faxes diverted employees' time. These are concrete, not abstract losses. The injuries may have been slight, but an “identifiable trifle” suffices. .Plaintiffs’ injuries may be redressed by an award of damages. Whether it is good public policy to use cumbersome and costly litigation to resolve disputes about annoying fax ads is for Congress to decide. A complaint need not anticipate defenses.