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Statute of Limitations

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District Court (Mich.) Applies 4-year SofL to TCPA Claim to Bar Recovery for Some Calls; Remaining Calls Were Actionable Due to Oral Revocation

by Scott J. Hyman |

In Gold v. Ocwen Loan Servicing, LLC, 2017 WL 6342575, at *2 (E.D.Mich., 2017), Judge Murphy granted in part and denied in part a TCPA defendant's motion to dismiss. Plaintiff's TCPA claims regarding phone calls made prior to May 10, 2013 are time barred. TCPA claims are subject to a four-year statute of limitations. See 28 U.S.C. § 1658(a); see… Read More

District Court (Cal.) Applies 4-year Federal Catch-All SofL to TCPA Text-Message Case

by Scott J. Hyman |

In Gomez v. Campbell-Ewald Co., 2013 WL 655237 (C.D.Cal. 2013), Judge Gee found that a claim against a contractor that sent text messages to cellular telephone as part of the US Navy’s marketing campaign fell within the TCPA’s 4-year federal catch-all statute of limitations. In its motion for judgment on the pleadings, Defendant contends that Plaintiff's claim is time-barred by… Read More

Court of Appeal (Ill.) Applies Federal Catch-all SofL to TCPA Claims, Not Shorter State-law SofL

by Scott J. Hyman |

In Wellington Homes, Inc. v. West Dundee China Palace Restaurant, Inc., --- N.E.2d ----, 2013 IL App (2d) 120740, 2013 WL 414236 (Ill.App. 2 Dist. 2013), the Illinois Court of Appeal found that the 4-year federal catch-all statute of limitations applies to TCPA actions, not shorter state-court statutes of limitations.  This interlocutory appeal pursuant to Illinois Supreme Court Rule 308… Read More