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GIOVANNIELLO v. MEDIA GROUP

4 Misc.3d 440 (2004)

780 N.Y.S.2d 720

RAYMOND GIOVANNIELLO, on Behalf of Himself and All Others Similarly Situated, Plaintiff, v. HISPANIC MEDIA GROUP USA, INC., Defendant.

Supreme Court, Nassau County.

May 27, 2004.

Attorney(s) appearing for the Case

Todd C. Bank, Kew Gardens, for defendant.

Howard S. Krebs, P.C., Great Neck, for plaintiff.

OPINION OF THE COURT

ZELDA JONAS, J.

Plaintiff had commenced a class action for an alleged violation of the Telephone Consumer Protection Act of 1991 (hereinafter referred to as TCPA), which prohibits the transmission of an unsolicited or "junk" advertisement to telephone facsimile (fax) machines (47 USC § 227 [b] [1] [C]). Plaintiff allegedly received an unsolicited fax for commercial advertisement in "The...

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