Charvat v. NMP, LLC,, No. 10-3390 (6th Cir. 2011)
Annotate this CasePlaintiff claimed that defendants placed 33 unsolicited telemarketing calls to his home over a three-month period in 2008, in violation of the Telephone Consumer Protection Act, 47 U.S.C. 227, and the Ohio Consumer Sales Practices Act, Ohio Rev. Code Ann. 1345.02. Thirty calls were made after he asked to be put on defendant's do-not-call registry. He also alleged invasion of privacy. The district court dismissed for lack of subject-matter jurisdiction. The Sixth Circuit reversed. Federal courts have federal-question jurisdiction over private TCPA and plaintiff alleged damages exceeding $75,000, as required for diversity jurisdiction over state-law claims.
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