Lucille Roberts Says 2nd Circ. Prohibits TCPA Class Suits

Law360, New York (May 22, 2013, 7:05 PM EDT) -- Women's fitness franchise Lucille Roberts Health Clubs Inc. asked a New York federal court to strip class allegations from a suit accusing it of text-spamming potential gym members on Wednesday, saying the Second Circuit has unequivocally barred such actions in the state.

Lucille Roberts urged the court to reject plaintiff Alex Shiyan's arguments that the Second Circuit's ruling in Holster III v. Gatco barring consumers from bringing Telephone Consumer Protection Act class suits in New York is superseded by the U.S. Supreme Court's recent ruling in...
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Case Information

Case Title

Shiyan v. Lucille Roberts Health Clubs Inc.

Case Number



New York Southern

Nature of Suit

Consumer Credit


Gregory H. Woods

Date Filed

February 19, 2013

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