Bank v. Independence Energy Group LLC

Plaintiff appealed the district court's dismissal sua sponte of his class actin complaint brought under the Telephone Consumer Protection Act (TCPA), 47 U.S.C. 227, for lack of subject matter jurisdiction, based on application of New York Civil Practice Law and Rules (CPLR) 901(b). CPLR 901(b) prohibits class action suits for statutory damages. The court concluded that, in light of Giovanniello v. ALM Media, LLC, Federal Rule of Civil Procedure 23, not state law, governs when a federal TCPA suit may proceed as a class action. Accordingly, the court vacated and remanded for further proceedings. View "Bank v. Independence Energy Group LLC" on Justia Law