Sixth Circuit: TCPA Suits OK in Federal Court; Damage Awards Allowed Under Two Sections

• Case Summary:
  A Telephone Consumer Protection Act claim is reinstated after the Sixth Circuit determines that federal courts have jurisdiction over TCPA claims.
• Key Takeaway:
  TCPA Sections 227(b) and 227(c) were drafted to address different harms, and thus a single unsolicited phone call can yield two separate statutory damage awards.

Noting a circuit split on the issue, the U.S. Court of Appeals for the Sixth Circuit held Aug. 30 that federal courts have federal question jurisdiction over private actions brought under the federal Telephone Consumer Protection Act (Charvat v. NMP LLC, 6th Cir., 10-3390, 8/30/11).

The court ...