Federal Law Governs TCPA Actions, NJ Judge Finds

Law360, New York (December 14, 2012, 5:50 PM EST) -- A New Jersey federal judge on Friday said the Telephone Consumer Protection Act does not require federal courts to enforce state law restrictions on TCPA claims, rejecting bids by Banco Santander SA and Afgo Mechanical Services Inc. to dismiss separate proposed class actions against them.

Banco Santander and Afgo — each a defendant in separate proposed class actions filed by Nicholas Fitzgerald and Goodrich Management Corp., respectively, related to their alleged distribution of unsolicited faxes — argued that under New Jersey law, private TCPA class actions...
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