After allowing Plaintiff multiple opportunities to submit additional authority in opposition to Defendant’s Motion to Dismiss, the court dismissed his class action Complaint for failure to state a claim upon which relief can...more
5/14/2013
- Class Action Dismissals Federal Rule 12(b)6) TCPA
Pending before the Court was Plaintiff’s Motion to Reconsider its dismissal of a class action Complaint based on a conclusion that New York Civil Practice Law 901(b) bars TCPA class actions in federal court. Plaintiff relied...more
5/7/2013
- Class Action TCPA
Plaintiff filed suit, placing at issue allegedly unsolicited faxes sent in violation of the TCPA. At issue was the applicable statute of limitations. Defendant’s argued that the Illinois two-year statute governing claims...more
4/22/2013
- Statute of Limitations TCPA Unsolicited Faxes
Bias Yaakov of Spring Valley v. Peterson Nelnet, LLC, No. Civ. 11-00011, 2013 WL 663301 (D.N.J. Feb. 21, 2013)
Pending before the court was Defendant’s Motion to Reconsider denial of its Motion to Dismiss Plaintiff’s...more
2/28/2013
- Class Action Interlocutory Appeals TCPA
Plaintiffs filed suit alleging Defendants made or caused unsolicited calls to their cell phones in violation of the TCPA while acting under the guise of conducting a political survey to get their foot in the door to sell...more
2/26/2013
- Motion to Dismiss TCPA Unsolicited Phone Calls
After dropping off a prescription with Defendant, Plaintiff was asked for several pieces of information, including her cell phone number. According to Defendant, the number was needed “in case there were any questions that...more
1/2/2013
- Consent FCC Pharmacies TCPA Texting
The issue before the court was whether Plaintiff’s prior express consent to call his land line equated consent to call that number when ported to his cell phone. ...more
12/20/2012
- Consent TCPA
