Plaintiff in this putative class action seeks statutory damages and injunctive relief for violations of the Telephone Consumer Protection Act (47 USC § 227). The motion court correctly dismissed the class action allegations and associated claims for class action relief since there is no statutory authorization for class recovery under the Telephone Consumer Protection Act (see CPLR 901 [b]; Rudgayzer & Gratt v. Cape Canaveral Tour & Travel, Inc.,
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LEYSE v. FLAGSHIP CAPITAL SERVICES CORP.
22 A.D.3d 426 (2005)
803 N.Y.S.2d 52
ROBERT SCOTT LEYSE, on Behalf of Himself and All Others Similarly Situated, Appellant, v. FLAGSHIP CAPITAL SERVICES CORP. et al., Respondents, et al., Defendants.
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
October 27, 2005.
October 27, 2005.
Appellate Division of the Supreme Court of the State of New York, First Department.
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