2nd Circ. Says TCPA Class Actions Can Be Brought In NY

Law360, Los Angeles (December 3, 2013, 3:58 PM EST) -- The Second Circuit on Tuesday revived a proposed Telephone Consumer Protection Act class action against an energy supply firm, ruling that a U.S. Supreme Court decision from January 2012 allows such suits to be brought in New York federal court.

The appeals court decided that U.S. District Judge William F. Kuntz II erred in saying the high court's ruling in Mims v. Arrow Financial Services LLC did not conflict with a Second Circuit decision barring TCPA actions in the state.

While the Second Circuit had previously allowed...
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