NY State Law Prohibits TCPA Suits, Judge Finds

Law360, New York (March 12, 2013, 7:30 PM EDT) -- A New York federal judge on Monday threw out a Telephone Consumer Protection Act lawsuit accusing Independence Energy Group LLC of placing illegal prerecorded telemarketing calls, ruling that class actions seeking statutory damages are not allowed under state law.

U.S. District Judge William F. Kuntz II said that the Second Circuit had found that TCPA suits don't belong in federal court. They also have no place in New York state court because of the statutory damages provision, the judge said, leaving him without jurisdiction to rule...
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Case Information

Case Title

Bank v. Independence Energy Group LLC et al


Case Number

1:12-cv-01369

Court

New York Eastern

Nature of Suit

Other Statutory Actions

Judge

John Gleeson

Date Filed

March 19, 2012

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