5th Circ. Rejects Class Cert. In BioPay Junk Fax Action

Law360, New York (October 25, 2010, 1:23 PM EDT) -- A federal appeals court has again rejected class certification in a lawsuit alleging BioPay LLC, a former maker of biometric payment systems, faxed thousands of unsolicited advertisements to businesses in violation of the Telephone Consumer Protection Act.

In a ruling Friday, the U.S. Court of Appeals for the Fifth Circuit chastised a lower court for reopening discovery and again defining a class of plaintiffs after the appeals court had nixed class certification in 2008.

“The issue of class certification was expressly decided by this court,” the...
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