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BONIME v. AVAYA, INC.

Docket No. 07-1136-cv.

547 F.3d 497 (2008)

Harold BONIME, Individually and on behalf of all others similarly situated, Plaintiff-Appellant, v. AVAYA, INC., Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: October 31, 2008.

Attorney(s) appearing for the Case

Todd C. Bank, Kew Gardens, N.Y., for Plaintiff-Appellant.

Glenn C. Colton (Tonia Ouellette Klausner, on the brief), Wilson Sonsini Goodrich & Rosati, P.C., New York, N.Y., for Defendant-Appellee.

Before: CALABRESI, B.D. PARKER, Circuit Judges, and UNDERHILL, District Judge.

B.D. PARKER, JR., Circuit Judge:

Harold Bonime brought a putative class action in federal court in New York alleging violations of the Telephone Consumer Protection Act, 47 U.S.C § 227(b)(1)(C) ("TCPA"). Federal jurisdiction was grounded in diversity of citizenship. See 28 U.S.C. § 1332(d)(2). The district court dismissed the complaint because New York law does not permit private actions for violations of the TCPA to be brought as class actions. ...

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