Sznyter

In this limited civil action arising under 47 United States Code section 227 , commonly known as the Telephone Consumer Protection Act of 1991 (TCPA or the Act), we must determine whether a state or federal statute of limitations correctly applies, where plaintiff is asserting a private right of action for damages for violations of the Act. The matter was certified for transfer to this court on the motion of the superior court’s appellate division, after it affirmed the trial court’s judgment on the pleadings in favor of the defendant and respondent, the sender of the disputed communications from whom the plaintiff seeks damages under the Act. Both courts determined that the action was time-barred under California law. (Code Civ. Proc., § 338, subd. (a); Cal. Rules of Court, rule 8.1005.)

Plaintiff Edward W. Sznyter, in propria persona (appellant), alleges he incurred $12,000 damages due to his receipt in 2001-2002 of two sets of two advertising faxes sent to him by the defendant and respondent, Robert J. Malone, D.D.S., a professional corporation (respondent). Appellant’s complaint was dismissed after the trial court granted a defense motion for judgment on the…