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BIGGERSTAFF v. VOICE POWER TELECOMMUNICATIONS

No. Civ.A.2:02-1524-18.

221 F.Supp.2d 652 (2002)

Robert BIGGERSTAFF, individually and on behalf of all others similarly situated, Plaintiff, v. VOICE POWER TELECOMMUNICATIONS, INC., Defendant.

United States District Court, D. South Carolina, Charleston Division.

September 13, 2002.

Attorney(s) appearing for the Case

Joseph C. Wilson, IV, Charleston, SC, for Plaintiff.

Steven W. Hamm, Columbia, SC, C. JoAnne Wessinger, Columbia, SC, for Defendant.

ORDER

NORTON, District Judge.

This matter is before the court on plaintiff's motion to remand pursuant to 28 U.S.C. § 1447(c).

I. Background

In 1991, Congress amended the Communications Act of 1934, 47 U.S.C. §§ 151-614, with the enactment of the Telephone Consumer Protection Act of 1991 ("TCPA"), Pub.L. No. 102-243, 105 Stat. 2394 (1991) (codified at 47 U.S.C. § 227). "The TCPA was enacted to `protect the privacy interests...

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