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FOXHALL REALTY LAW OFFICES, INC. v. TELECOM. PREM. SERV., LTD.

No. 96 CV 9439 (BDP).

975 F.Supp. 329 (1997)

FOXHALL REALTY LAW OFFICES, INC., on behalf of itself and all others similarly situated, Plaintiff, v. TELECOMMUNICATIONS PREMIUM SERVICES, LTD., d/b/a TPS Call Sciences, Defendant.

United States District Court, S.D. New York.

August 28, 1997.

Attorney(s) appearing for the Case

Robert J. Schechter, Schechter & Nimkoff, LLP, New York City, for Plaintiffs.

Warren Anthony Fitch, Swidler & Berlin, Chtd., Washington, DC, for Defendants.

MEMORANDUM DECISION AND ORDER

PARKER, District Judge.

Plaintiff Foxhall Realty Law Offices, Inc. ("Foxhall") brings this action against Telecommunications Premium Services, Ltd. ("TPS") alleging that TPS transmitted to it, by facsimile, an unsolicited advertisement in violation of the Telephone Consumer Protection Act, 47 U.S.C. § 227 ("the Act" or "TCPA"). Before the Court is defendant's motion to dismiss, pursuant to Fed.R.Civ.P. 12(b)(1), for lack...

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