LEYSE v. Debt Management Center, Inc., et al., Defendants. (2005)

Supreme Court, Appellate Division, First Department, New York.

Robert Scott LEYSE, etc., Plaintiff-Appellant, v. FLAGSHIP CAPITAL SERVICES CORP., et al., Defendants-Respondents, Debt Management Center, Inc., et al., Defendants.

Decided: October 27, 2005

TOM, J.P., MAZZARELLI, FRIEDMAN, CATTERSON, McGUIRE, JJ.

Todd C. Bank, Kew Gardens, for appellant. Meister Seelig & Fein LLP, New York (Thomas L. Friedman of counsel), for respondents.

Order, Supreme Court, New York County (Charles E. Ramos, J.), entered October 18, 2004, which, to the extent appealed from, granted defendants-respondents' motion to dismiss plaintiff's class action claims, unanimously affirmed, with costs.

Plaintiff in this putative class action seeks statutory damages and injunctive relief for violations of the Telephone Consumer Protection Act (47 USC § 227). The motion court correctly dismissed the class action allegations and associated claims for class action relief since there is no statutory authorization for class recovery under the Telephone Consumer Protection Act (see CPLR 901[b]; Rudgayzer & Gratt v. Cape Canaveral Tour & Travel, Inc., 22 A.D.3d 148, 799 N.Y.S.2d 795 [2005]; Ganci v. Cape Canaveral Tour & Travel, Inc., 21 A.D.3d 399, 799 N.Y.S.2d 737 [2005]; Weber v. Rainbow Software, Inc., 21 A.D.3d 411, 799 N.Y.S.2d 428 [2005]; Bonime v. Discount Funding Assocs., Inc., 21 A.D.3d 393, 799 N.Y.S.2d 418 [2005] ).

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