United States Second Circuit

In a putative class action alleging violations of the Telephone Consumer Protection Act (TCPA), dismissal of the complaint is affirmed where: 1) because the TCPA does not specifically authorize recovery of statutory damages in a class action, state courts have held that C.P.L.R. 901(b) bars class actions for statutory damages under the TCPA; and 2) federal courts should apply C.P.L.R. 16 901(b) to putative New York class actions brought for alleged TCPA violations.

Appellate Information

• Decided 10/31/2008
• Published 10/31/2008

Judges

Court

• United States Second Circuit

Counsel