Northern District says TCPA Claim Does Not Confer Federal Question Jurisdiction, But Does Not Prohibit Diversity Jurisdiction

On May 22, 2008, Judge Fogel of the United States District Court for the Northern District of California held that the TCPA’s requirement that TCPA claims be filed in state court did not deprive federal courts of diversity jurisdiction to hear such claims.  The TCPA dictates that an individual may bring a private right of action in state court.  (47 U.S.C.  § 227(b)(3), (c)(5)) Judge Fogel held, however, that “While the Ninth Circuit has not rule in this issue, several circuit courts and district courts have concluded that although the TCPA does not confer federal question jurisdiction, it does not preclude removal based on diversity of citizenship. See Boydston v. Asset Acceptance LLC  496 F.Supp.2d 1101, 1107-8 (N.D.Cal. 2007)”   Roylance v. ADT Sec. Services, Inc. 2008 WL 2168690 (N.D.Cal.2008)