Federal Courts Have Diversity Jurisdiction over Private TCPA Claims

摘要

In Gottlieb v. Carnival Corp. [No. 05-2733 (2d Cir. 02/03/2006)], the US Court of Appeals for the Second Circuit considered whether federal courts have diversity jurisdiction over private causes of action brought under the Telephone Consumer Protection Act (TCPA) [47 U.S.C. S 227]. The plaintiff was a travel agent who worked from his home in Staten Island, NY. In connection with his work, he had a fax machine associated with two telephone numbers. Between early 2001 and 2004, the plaintiff received via his fax machine more than 1,000 unsolicited advertisements from Carnival Corporation, a company organized under the laws of Panama and having its principal place of business in Florida.