Telemarketers Dial Quickly - TCPA Class Action Dismissed For Now

On March 12, 2013, Judge William F. Kuntz II of the Eastern District of New York entered a memorandum and order in Bank v. Independence Energy Group LLC, which sua sponte dismissed claims arising under the Telephone Consumer Protection Act, and its accompanying rules and regulations, (collectively, the “TCPA”) for lack of subject matter jurisdiction. Citing Second Circuit precedents, the Court held that state courts have exclusive jurisdiction over private actions brought under the TCPA, and that of the New York Civil Practice and Rules (the “CPLR”) bars TCPA class actions in the federal courts. Specifically, the Court found that, by its terms, the TCPA creates a private right of action only “if otherwise permitted by the laws or rules of a State,” but that New York’s CPLR prohibits class actions predicated on statutory damages. Bank v. Independence Energy Grp. LLC, No. 1:12-cv-1369 (WFK), slip op. at 3 (E.D.N.Y. Mar. 12, 2013).