Tuesday, February 14, 2006

Second Circuit Holds that Federal Courts Have Diversity Jurisdiction over Private Actions under the TCPA

The Second Circuit in Gottlieb v. Carnival Corporation 05-2733 (Feb. 3, 2006) has held that federal courts have diversity jurisdiction over private causes of action brought under § 227 of the Telephone Consumer Protection Act (47 U.S.C. § 227). The court wrote that although the TCPA intended to divest federal courts of federal question jurisdiction, there was nothing in the statute that divested federal courts of diversity jurisdiciton over private actions under the TCPA.


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