College Planning Co. Can Take TCPA Suit To 3rd Circ.

Law360, New York (February 22, 2013, 5:03 PM EST) -- A New Jersey federal judge declined Wednesday to reconsider tossing a proposed class action alleging college and career planning company Peterson's Nelnet LLC violated the Telephone Consumer Protection Act, but allowed the dispute to be immediately appealed to the Third Circuit.

U.S. District Judge Anne E. Thompson rejected Peterson's Nelnet's argument that she overlooked well-settled principles of statutory construction when she ruled in October that the class action claims could proceed under Section 227(b)(3) of the TCPA. The suit alleges the company sent unsolicited fax advertisements...
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