CHARVAT v. RYAN

Nos. 2006-1647 and 2006-1855.

116 Ohio St.3d 394 (2007)

2007-Ohio-6833

CHARVAT, APPELLANT, v. RYAN ET AL., APPELLEES.

Supreme Court of Ohio.

Decided December 27, 2007.


Attorney(s) appearing for the Case

Ferron & Associates, L.P.A., John W. Ferron, and Lisa A. Wafer, for appellant.

Schottenstein, Zox & Dunn Co., L.P.A., Matthew T. Green, John C. MacDonald, and Stephen J. Smith; and Wagenfeld Levine and Brian M. Zets, for appellees.

Marc Dann, Attorney General, William P. Marshall, Solicitor General, Elise Porter, Stephen P. Carney, Robert J. Krummen, and Christopher R. Geidner, Deputy Solicitors, urging reversal for amicus curiae, Attorney General of Ohio.


LANZINGER, J.

{¶ 1} This case concerns unwanted telephone solicitation through use of automated equipment, which now makes a caller subject to liability under federal and state statutes. The issue before us is whether the terms "knowingly" and "willfully" as used in the Telephone Consumer Protection Act of 1991 ("TCPA"), Section 227, Title 47, U.S.Code, and the term "knowingly" in the Consumer Sales Practices Act ("CSPA"), R.C. Chapter...

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