Redial Unsuccessful - TCPA Claims Still Unavailable in New York

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Plaintiffs still cannot dial up TCPA claims in New York.

On May 1, 2013, Judge William F. Kuntz, II of the Eastern District of New York denied a motion to reconsider his earlier decision dismissing claims arising under the Telephone Consumer Protection Act and its accompanying rules and regulations for lack of subject matter jurisdiction. See Bank v. Independence Energy Grp. LLC. The Bank Court had dismissed the TCPA claims in reliance on a Second Circuit precedent, which interpreted the TCPA to bar claims in New York federal court because New York State’s civil procedure rules do not permit statutory class actions. See Holster III v. Gatco, Inc.

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Topics:  Subject Matter Jurisdiction, TCPA

Published In: Civil Procedure Updates, Communications & Media Updates, Consumer Protection Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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