Claims filed under the federal Telephone Consumer Protection Act for improper business solicitations die when the claimant does and do not transfer to their estates, a federal judge has ruled from Rochester.
Western District Judge Frank Geraci Jr. decided in Hannabury v. Hilton Grand Vacations Company, 14-cv-6126, that federal law, not state law, governs the survivability of phone solicitation claims. Geraci wrote that confusion over that question was cleared up by the U.S. Supreme Court in its 2012 ruling in Mims v. Arrow Financial Services, 10–1195.
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