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IN THE COURT OF APPEALS OF MARYLAND No. 21 September Term, 2003 _________________________________________

BRUCE LEVITT

v.

FAX.COM, INC., et al. __________________________________________ Bell, C.J. *Eldridge Raker Wilner Cathell Harrell Battaglia, JJ. __________________________________________ Opinion by Eldridge, J. _________________________________________

Filed: September 13, 2004

* Eldridge, J., now retired, participated in the hearing and conference of this case while an active member of this Court; after being recalled pursuant to the Constitution, Article IV, Section 3A, he also participated in the decision and adoption of this opinion.

The broad question presented by this case is the same as the question recently decided by this Court in Ponte Architects, Ltd. v. Investors Alert, Inc., et al., ___ Md. ___, ___ A.2d ___ (2004), in which we filed an opinion a few weeks ago. That question is whether Maryland trial courts are authorized to entertain a private cause of action for damages under the federal Telephone Consumer Protection Act, 47 U.S.C.

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Maryland Law