Q: Can you sue an out of state business in small claims court in Tennessee?
The company has violated the TCPA on multiple occasions by sending me solicitous texts even though I'm on the do not call registry. They originally replied that I opted in, but the date they claimed I did that is actually after the violations occurred. When I pointed this out, they said they had been mistaken, and provided me a list of dates and times they say I visited their site. The original date they say I opted in is not on this list, and some of the dates I would have been at work, so away from my home computer, or very fast asleep, as one of the times showed 2:41am. The amount of damages I'm seeking is within the limits for small claims court in TN. Since I live in TN, can I sue them here in small claims court, or would I need to move up to a different court? If so, how would I go about that?
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A: You will need an attorney and it should be filed in Circuit Court. GS would be quick, but it does not look like you know what you are doing, and you would ultimately try it again upstairs. Service through the Secretary of State will be a chore itself.
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