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CHARVAT v. NMP, LLC

No. 10-3390.

656 F.3d 440 (2011)

Philip J. CHARVAT, Plaintiff-Appellant, v. NMP, LLC, a Delaware Limited Liability Company; Media Synergy Group, LLC, a Virginia Limited Liability Company, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

August 30, 2011.

Attorney(s) appearing for the Case

ON BRIEF: John W. Ferron , Lisa A. Wafer , Ferron & Associates, Columbus, Ohio, for Appellant. James B. Hadden , Eric B. Gallon , Anthony R. McClure , Porter, Wright, Morris & Arthur LLP, Columbus, Ohio, for Appellees.

MOORE, J., delivered the opinion of the court, in which GUY, J., joined. BATCHELDER, C.J. (pp. 455-56), delivered a separate opinion concurring in the judgment.

OPINION

KAREN NELSON MOORE, Circuit Judge.

Plaintiff-Appellant Philip Charvat alleges that Defendants-Appellees NMP, LLC and Media Synergy Group, LLC (together, "Defendants") placed thirty-three unsolicited telemarketing calls to his home over a three-month period in 2008. He alleges that these calls violated the Telephone Consumer Protection Act ("TCPA"), 47 U.S.C. § 227, and the Ohio Consumer Sales Practices Act ("OCSPA"), Ohio Rev. Code Ann. §...

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