Lynne M. Balthazor v. Central Credit Services, Inc., et al.

FILED
U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
APRIL 23, 2012
JOHN LEY
CLERK
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
No. 11-15513
Non-Argument Calendar
D. C. Docket No. 0:10-cv-62435-JIC
LYNNE M. BALTHAZOR,
on behalf of herself and all
others similarly situated,
Plaintiff-Counter
Defendant-Appellant,
versus
CENTRAL CREDIT SERVICES, INC.,
SECURITY CREDIT SERVICES, LLC,
Defendants-Counter
Claimants-Appellees.
Appeal from the United States District Court
for the Southern District of Florida
(April 23, 2012)
Before DUBINA, Chief Judge, TJOFLAT and KRAVITCH, Circuit Judges.

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PER CURIAM:
The issue presented in this appeal is whether the district court erred in
dismissing Lynne Balthazor’s (“Balthazor”) claim brought under the Telephone
Consumer Protection Act (“TCPA”), 47 U.S.C. § 227, for lack of subject matter
jurisdiction.
We review a dismissal order based upon a lack of subject matter jurisdiction
de novo. McElmurray v. Consol. Gov’t of Augusta-Richmond Cnty., 501 F.3d
1244, 1250 (11th Cir. 2007).
Because the appellees confess error in this case due to the fact that the
United States Supreme Court in Mims v. Arrow Fin. Servs., LLC, ___ U.S. ___,
132 S. Ct. 740 (2012), now provides that federal courts have concurrent federal
question jurisdiction over private suits arising under the TCPA, we reverse the
judgment of dismissal of Balthazor’s TCPA claim against Central Credit Services,
Inc., and remand this case for further proceedings consistent with this opinion.
REVERSED and REMANDED.
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