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TCPA Case Over Gym's Sales Calls Revived By 3rd Circ.

Law360, New York (July 11, 2017, 8:04 PM EDT) -- The Third Circuit on Monday determined that a proposed class of Work Out World Inc. customers claiming to have received prerecorded sales calls in violation of the Telephone Consumer Protection Act had pled a sufficient concrete injury, reversing a district judge’s dismissal.

The appellate panel sided with lead consumer Noreen Susinno, who claimed that her privacy was violated by an unauthorized call from the fitness club in 2015, but saw her claims dismissed by a New Jersey federal judge who concluded that a single solicitation was...
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