2nd Circ. Removes Barrier To Flood Of Federal TCPA Suits

By Allison Grande (December 11, 2013, 8:57 PM EST) -- In a reversal of prior holdings, the Second Circuit ruled last week that a 2012 U.S. Supreme Court decision trumps a New York state ban on filing class actions for statutory damages in federal court, a decision that attorneys say clears the way for an influx of federal actions under the Telephone Consumer Protection Act and similar statutes.

Although the Second Circuit had previously allowed state courts to set the terms that govern the filing and adjudication of TCPA claims, a three-judge panel declared in its Nov. 3 ruling that the high court's ruling in Mims v. Arrow Financial had "uprooted much...

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