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RUDGAYZER v. CAPE CANAVERAL

22 A.D.3d 148 (2005)

799 N.Y.S.2d 795

RUDGAYZER & GRATT, Appellant, v. CAPE CANAVERAL TOUR AND TRAVEL, INC., Defendant, and KOSMAS GROUP INTERNATIONAL, INC., et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, Second Department.

August 8, 2005.

Attorney(s) appearing for the Case

Todd C. Bank, Kew Gardens, for appellant.

Boundas Skarzynski Walsh & Black, LLC, New York City (William M. Billings and Weinstock & Scavo, P.C., of counsel), for Kosmas Group International, Inc., and others, respondents.

Wilson, Elser, Moskowitz, Edelman & Dicker, LLP, New York City (Eugene T. Boulé of counsel), for King's Creek Plantation, LLC., respondent.

S. MILLER, J.P., GOLDSTEIN and LIFSON, JJ., concur.

OPINION OF THE COURT

RITTER, J.

The issue presented is whether this class action may be maintained for alleged violations of the federal Telephone Consumer Protection Act of 1991 (47 USC § 227) in light of CPLR 901 (b). We hold that it may not.

The Telephone Consumer Protection Act of 1991 (hereinafter the TCPA) was enacted by the United States Congress in 1991 to address telemarketing abuses by use of telephones and facsimile machines (see...

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