United States Second Circuit

Dismissal of plaintiff's complaint, brought under the Telephone Consumer Protection Act for an unsolicited fax advertisement that he allegedly received, is affirmed, where: 1) the four-year federal statute of limitations in 28 U.S.C. section 1658(a) applies to plaintiff's claim; but 2) American Pipe & Construction Co. v. Utah tolling does not extend beyond the denial of class status in a prior action, and as a result, plaintiff's subsequent claim is time barred.

Appellate Information

• Decided 08/08/2013
• Published 08/08/2013

Judges

• WALLACE

Court

• United States Second Circuit

Counsel