United States Second Circuit

Dismissal of a class action complaint brought pursuant to the Telephone Consumer Protection Act (TCPA), for lack of subject matter jurisdiction based on its application of New York Civil Practice Law and Rules (CPLR) section 901(b), which prohibits class-action suits for statutory damages, is vacated and remanded, where Federal Rule of Civil Procedure 23, not CPLR 901(b), governs when a federal TCPA suit may proceed as a class action.

Appellate Information

• Decided 12/03/2013
• Published 12/03/2013

Judges

• PER CURIAM

Court

• United States Second Circuit

Counsel