3rd Circ. Revives Federal Junk Fax Class Suits

Law360, New York (April 4, 2011, 4:22 PM EDT) -- The Third Circuit ruled Monday that federal courts can exercise diversity jurisdiction over private suits brought under the Telephone Consumer Protection Act, breathing new life into three class actions over thousands of unsolicited advertisements allegedly faxed to businesses.

A three-judge panel in the U.S. Court of Appeals for the Third Circuit held that Congress did not intend for exclusive state court jurisdiction in crafting the TCPA, which provides a private right of action for recipients of unsolicited faxes as well as statutory damages of $500 per...
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