Sznyter v. Malone

Opinion

HUFFMAN, Acting P. J.

In this limited civil action arising under 47 United States Code section 227, commonly known as the Telephone Consumer Protection Act of 1991 (TCPA or the Act), we must determine whether a state or federal statute of limitations correctly applies, where plaintiff is asserting a private right of action for damages for violations of the Act. The matter was certified for transfer to this court on the motion of the superior court’s appellate division, after it affirmed the trial court’s judgment on the pleadings in favor of the defendant and respondent, the sender of…