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Judge and your lawyer are wrong. The FCC clearly gives you a "PRIVATE RIGHT OF ACTION" to file in state court. I suggest you file an SC-108 appeal explaining this to the judge about your case. Good luck and let us know how it went!

trying to help is correct, SCOTUSblog.com summarizes the decision in  Mims v. Arrow Financial Services LLC, ___U.S. ____, 132 S.Ct. 740, 744, 181 L.Ed.2d 881 (2012) thusly:
"Holding: The Telephone Consumer Protection Act’s grant of jurisdiction to state courts does not deprive the federal district courts of federal-question jurisdiction over private lawsuits seeking to enforce the Act.
Plain English Holding: The fact that a federal law, the Telephone Consumer Protection Act, allows lawsuits to be brought in state courts to enforce the Act does not strip federal courts of the ability to hear such cases as well."

Pre-Mims, federal jurisdiction required diversity of defendants' citizenship [defendants needed to be from two separate states]  or plaintiff's actual damages in excess of $75,000.

It would be interesting and very helpful to readers for posters on 800notes.com to indicate their preference for state or federal courts.

The problem as I read it was that both Sara and Brock launched their cases in Small Claims. Their correcting judges did them each a favor. What Brock was told was correct. TCPA is a Federal statute, therefore its claims are best pursued in a Federal District Court.

The violation counts can stack up very quickly into large sums, much larger than the scope of Small Claims courts. Usually you can't hire lawyers and cannot conduct discovery, frustrating TCPA prosecution. With bigger payouts at risk, plaintiffs find greater resistance from defendants; Small Claims is simply too small an arena for that fight.

You can start in state Superior or county court if you like, if you don't mind possibly having to explain to your judge what Federal law says, and you can navigate the incestuous relationships often observed between lawyers and judges in lower venues. There is less room for loose "Mayberry justice" in Federal court, less tolerance of rule bending, and it's easier from there to get defendants served in other states.

I wasn't aware that an administrative agency could give a "PRIVATE RIGHT OF ACTION".  I was aware that there are several federal laws that do give that right.  Federal laws are passed by Congress and signed by the President, not an administrative agency such as the FCC.  Federal laws, while they can be decided in State Courts, are best heard in Federal Court.  Many times the case goes through a whole lot quicker.  In addition, it is easier to serve and collect on judgements if the defendant is across state lines.  I believe that person received good advice from his attorney, and that they are taking the proper action.  His attorney has the experience and knowledge to assess the case and decide the best way to proceed.  Do you have that experience and knowledge?  Did you go to law school?  Do you know all the facts of the case?  I would guess that they answer would be no to all those questions.

The "Private right of Action" is granted by the TCPA, not the FCC.  47USE 227(b)(3)(A&B).  I hope this helps.  By the way, A! Solar is now out of business, Their license has been suspended by the CSLB.  They skipped town and moved back to Israel.  The left owing their lawyer(s) lots of money too.

And by the way, trying to help for the most part is correct, the "mistak"e that was made is that he said "FCC" instead of TCPA. Now, lets take a peek at your law degree...Hopefully it's better than the one Brocks lawyer posses.