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October 3, 2007

California Appellate Court: Federal Statute of Limitations Applies to Telephone Consumer Protection Act Claims

In a case of first impression, a California Court of Appeals held that the federal "catch all" statute of limitations, and not state law, governed claims brought under the Telephone Consumer Protection Act of 1991. Sznyter v. Malone, 2007 WL 2834261 (Cal. App. Oct. 2, 2007). Sounds simple, right? Well the statute in the TCPA that created the private right of action begins: "A person or entity may, if otherwise permitted by the laws or rules of court of a State..." It's an interesting read.

October 3, 2007 in Current Affairs | Permalink

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