Michael Hartmere

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After two failed calls in the Eastern District of New York, the Second Circuit last week opened the line for one TCPA plaintiff to plead his case. On March 12, 2013, Judge William F. Kuntz II of the Eastern District of New York sua sponte dismissed putative class action claims arising under the Telephone Consumer Protection and its accompanying rules and regulations for lack of subject matter jurisdiction.  See Bank v. Independence Energy Group LLC. …
Plaintiffs still cannot dial up TCPA claims in New York. On May 1, 2013, Judge William F. Kuntz, II of the Eastern District of New York denied a motion to reconsider his earlier decision dismissing claims arising under the Telephone Consumer Protection Act and its accompanying rules and regulations for lack of subject matter jurisdiction. See Bank v. Independence Energy Grp. LLC. The Bank Court had dismissed the TCPA claims in reliance on a Second…