TCPA Suits Not Allowed In NY, NRG Tells 2nd Circ.

Law360, New York (July 23, 2013, 4:45 PM EDT) -- An NRG Energy Inc. unit on Monday told the Second Circuit it should not revisit a lower court’s ruling that New York state law bars Telephone Consumer Protection Act class actions seeking statutory damages.

Independence Energy Group LLC, in a brief opposing plaintiff Todd C. Bank’s appeal of the May decision by a New York federal judge, said the U.S. Supreme Court’s 2012 decision in Mims v. Arrow Financial Services did not disturb binding Second Circuit precedent that mandates dismissal of TCPA class actions for lack...
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