NJ TCPA Dismissal Brings More Questions Than Answers

Law360, New York (August 17, 2016, 12:14 PM EDT) -- Daniel S. Blynn

Samuel D. Boro

Christopher L. Boone The U.S. District Court for the District of New Jersey recently dismissed a putative class action alleging violations of the Telephone Consumer Protection Act on grounds that the court lacked subject matter jurisdiction under Federal Rule of Civil Procedure 12(b)(1). Yet, the one-page dismissal order leaves more questions unanswered than it resolved.

In Susinno v. Work Out World Inc.,[1] the plaintiff alleged that Work Out World, a gym offering paid memberships, left an unsolicited, prerecorded and autodialed voicemail message on her cell phone in violation of the TCPA. She alleged that the defendant’s...

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