Adam R. Shaw and Jenna C. SmithRecent Decisions Regarding the Telephone Consumer Protection Act
The authors write "This column discussed recent noteworthy decisions of the U.S. District Court for the Northern District of New York. This installment explores two recent decisions involving the Telephone Consumer Protection Act. In the first decision, Chief U.S. District Court Judge Brenda K. Sannes denied a defendant’s motion to strike class allegations as premature, on the basis that these arguments would be more appropriate to address at the class certification stage. In the second decision, District Court Judge Anne M. Nardacci addressed similar arguments at the class certification stage, eventually granting a motion to certify a damages class under Rule 23(b)(3)."
December 23, 2024 at 11:00 AM
8 minute read
This column discussed recent noteworthy decisions of the U.S. District Court for the Northern District of New York. This installment explores two recent decisions involving the Telephone Consumer Protection Act. In the first decision, Chief U.S. District Court Judge Brenda K. Sannes denied a defendant’s motion to strike class allegations as premature, on the basis that these arguments would be more appropriate to address at the class certification stage. In the second decision, District Court Judge Anne M. Nardacci addressed similar arguments at the class certification stage, eventually granting a motion to certify a damages class under Rule 23(b)(3).
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