Cirque Du Soleil Wins TCPA Decert. After China Agritech
By Lauraann Wood (August 3, 2018, 5:14 PM EDT) -- An Illinois federal judge on Thursday decertified a class of Illinoisans in a Telephone Consumer Protection Act suit accusing Cirque du Soleil of sending unwanted ticket-promotion faxes for its traveling show, saying the U.S. Supreme Court's recent opinion in China Agritech v. Resh dooms their claims.
U.S. District Judge Thomas Durkin said the high court's China Agritech ruling — which held that plaintiffs can't file follow-on class actions after the statutory deadline has expired — placed "a clear distinction between successive individual suits and successive class actions" when it comes to tolling the statute of limitations.
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