TCPA Statute of Limitations & Class Actions

Commentary

The Second Circuit Court of Appeals (New York, Connecticut and Vermont) has ruled that Connecticut’s two year statute of limitations applied to a TCPA class action rather than the four year period set forth in federal law.  Giovanniello v. ALM Media, LLC.

Federal law provides that statutes which do not expressly contain a statute of limitations are subject to a four year statute of limitations.  However, this court ruled that the language in the TCPA allowing suits only if “otherwise permitted” by state law is “unambiguous” in adopting state restrictions including state statutes of limitations. 

Comment: This case could provide two important protections with regard to TCPA class actions.  First, it could exclude claims for alleged violations for past actions now clearly illegal but not necessarily illegal at the time of the action, and, second, it could limit the size of potential classes.  Other courts have disagreed and applied the four year statute of limitations, however.

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