Opinion
2006-1855.
November 29, 2006.
Franklin App. No. 05AP-1331, 2006-Ohio-3705 and 2006-Ohio-4592.
MOTION AND PROCEDURAL RULINGS
On review of order certifying a conflict. The court determines that a conflict exists. The parties are to brief the issue stated in the court of appeals' Journal Entry filed September 8, 2006:
"Whether a defendant `knowingly' violates Section 227(b), Title 47, U.S. Code, or the regulations promulgated thereunder, for purposes of awarding treble damages under Section 227(b)(3), where the plaintiff demonstrates that the defendant had knowledge of the facts constituting the offense; or whether the plaintiff must prove that the defendant knew when it placed the offending call that the call constituted a violation of the TCPA [Telephone Consumer Protection Act] or any regulations promulgated thereunder."
O'DONNELL, J., dissents.
The conflict case is Reichenbach v. Financial Freedom Ctrs., Inc., Lucas App. No. L-03-1357, 2004-Ohio-6164.
Sua sponte, cause consolidated with 2006-1647, Charvat v. Ryan, Franklin App. No. 05AP-1331, 2006-Ohio-3705 and 2006-Ohio-4592.