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Author Topic: TCPA SOL  (Read 270 times)

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FEWSWEG

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TCPA SOL
« on: January 06, 2010 12:21:28 AM »
In a discussion this evening we were trying to find out what the SOL was. What I can find is that it is four years. Does anyone know for sure?

I was not able to find much online but what I found stated that a private cause of action for violations of the federal statutes was governed by the four year federal "catch all" limitation period set forth in 28 U.S.C. § 1658(a).
"As Mr. Typing test said..."

E. Normis Debtor

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Re: TCPA SOL
« Reply #1 on: January 06, 2010 05:37:50 AM »
Given the TCPA's lack of an express limitations period and the inherent uncertainty in selecting an analogous state statute of limitations, 28 USC § 1658's four-year statute of limitations is appropriate for TCPA actions.

Stern v. Bluestone 47 A.D.3d 576, 850 N.Y.S.2d 90, 2008 N.Y. Slip Op. 00611

Worsham v. Fairfield Resorts, Inc., No. 1058 (Md. Ct. Spec. App. – September 2009)
search for an atty..... (or) take hours and hours to learn the law....... -- Fleppie on Insidearm 01/04/10

FEWSWEG

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Re: TCPA SOL
« Reply #2 on: January 06, 2010 11:33:42 AM »
Thank you E.
"As Mr. Typing test said..."
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