2nd Circuit Rejects Lawsuit Over Unsolicited Fax Ads

, New York Law Journal

The 2nd Circuit has rejected an attorney's bid to circumvent restrictions on class actions under New York law to bring a federal claim against telecom equipment company Avaya under a law banning unsolicited fax ads. The court said attorney Todd C. Bank used an "inventive" approach in trying to bring a class action under the Telephone Consumer Protection Act in federal court, but that Bank's 10,000 purported class members would have to bring individual actions.

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