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ARTICLE · 13 NOVEMBER 2018

NDGA Says You Can't "Squibb" National TCPA Class

With Justice Sotomayor's dissent in mind, IDT urged the Northern District of Georgia to answer the question left unresolved by the Bristol-Myers court in its motion to strike the nationwide class allegations.

United StatesLitigation, Mediation & Arbitration

On October 18, the Northern District of Georgia issued an Order denying attempts by defendants IDT Corporation and IDT Telecom, Inc. (collectively "IDT") to strike a putative Telephone Consumer Protection Act class on grounds established in Bristol-Myers Squibb Co. v. Superior Court of California, 137 S. Ct. 1773 (2017). In Dennis v. IDT, No. 1:18-cv-02302 (N.D. Ga. Oct. 18, 2018), the plaintiff, on behalf of a national class, alleged that IDT inundated consumers with unsolicited telemarketing calls, including to numbers that were on the National Do Not Call Registry and numbers for which IDT did not have consent to call. IDT moved to dismiss the complaint or, in the alternative, strike class allegations on Bristol-Myers grounds, i.e., the premise that the federal court could not exercise personal jurisdiction over claims brought on behalf of putative class members not from Georgia.

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