Noreen Susinno didn’t waste any time after she received an unwanted promotional voicemail from a New Jersey gym. After one call to her cellphone, she sued the gym in federal court for violating a law designed to curb unsolicited telemarketing calls.
Susinno’s case against Work Out World Inc. was thrown out by U.S. District Judge Peter Sheridan of the District of New Jersey, who said that a single call isn’t prohibited by the Telephone Consumer Protection Act. But on Monday, a three-judge panel from the U.S. Court of Appeals for the Third Circuit ruled that it is.
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