Legal Publisher Loses Bid To Toss TCPA Class Action

Law360, Chicago (July 30, 2013, 2:01 PM EDT) -- A New Jersey federal judge on Monday refused to toss a putative class action alleging that Gann Law Books Inc. sent thousands of junk faxes, finding that federal rules control whether the case can be treated as a class action on both its federal and state law claims.

U.S. District Judge Kevin McNulty shot down the legal publisher's argument that Nicholas Fitzgerald's case should be tossed because the TCPA's grant of a right of action if "otherwise permitted by the laws or rules of a court...
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