Roofing Co. Can't Derail Junk Fax Class Certification

Law360, New York (October 02, 2013, 6:15 PM ET) -- A New Jersey federal judge on Wednesday granted class certification to recipients of a commercial roofing business fax blast that allegedly violated the Telephone Consumer Protection Act, finding a first-impression appellate ruling proscribing TCPA class actions unconvincing.

U.S. District Judge Stanley R. Chesler rejected defendant P. Cipollini Inc.’s contention that class actions are not superior to other methods of adjudicating TCPA junk fax cases and that the suit therefore failed to meet federal Rule 23 certification requirements.

As Cipollini argued, the TCPA’s relatively large $1,500 statutory...
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