United States Second Circuit
Giovanniello v. ALM Media, LLC, 10-3854
In an appeal from a judgment of the district court dismissing plaintiffs' class-action complaint for violations of the Telephone Consumer Protection Act (TCPA) as stale, judgment is affirmed because a TCPA action may be maintained only as permitted by a state statute of limitations where the relevant state law specifically recognizes a TCPA cause of action with a prescribed period of limitation.
Appellate Information
- Decided 10/17/2011
- Published 10/17/2011
Judges
- RAGGI
Court
- United States Second Circuit
Counsel
- For Appellant:
- TODD C. BANK, ELIZABETH C. KOCH