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LANDSMAN & FUNK PC v. SKINDER-STRAUSS ASSOCIATES

Nos. 09-3532, 09-3793, 09-3105.

640 F.3d 72 (2011)

LANDSMAN & FUNK PC, and all others similarly situated, Appellant in 09-3105 v. SKINDER-STRAUSS ASSOCIATES, a New Jersey Partnership Goodrich Management Corp, on behalf of itself and all others similarly situated, Appellant in 09-3532 v. Afgo Mechanical Services Inc Goodrich Management Corp, on behalf of itself and all others similarly situated v. Flierwire Inc doing business as SCHEIN MEDIA Goodrich Management Corp, Appellant in 09-3793.

United States Court of Appeals, Third Circuit.

Opinion Filed April 4, 2011.

Attorney(s) appearing for the Case

Aytan Y. Bellin, Esq. , [Argued], Bellin & Associates, White Plains, NY, for Appellants.

Michael R. McDonald, Esq. , [Argued], Damian V. Santomauro, Esq. , Gibbons, Newark, NJ, for Appellee, Skinder Strauss Associates, a New Jersey Partnership.

Louis A. Bove, I, Esq. , Jay M. Green, Esq. , [Argued], Bodell, Bove Grace & Van Horn, Philadelphia, PA, Kristin Hitsous, Esq. , Rosabianca & Associates, New York, NY, for Appellee Afgo Mechanical Services Inc.

David J. Bloch, Esq. , [Argued], L'Abbate, Balkan, Colavita & Contini Livingston, NJ, for Appellee, Flierwire Inc, doing business as SCHEIN MEDIA.

Before: McKEE, Chief Judge, RENDELL and GARTH, Circuit Judges.

OPINION OF THE COURT

RENDELL, Circuit Judge.

A.

This consolidated appeal encompasses three class actions brought in the District Court for the District of New Jersey under the Telephone Consumer Protection Act ("TCPA"), 47 U.S.C. § 227(b). The TCPA is a unique federal statute that provides a private right of action for recipients of unsolicited facsimiles, as well as statutory damages of $500 per "violation." The plaintiffs in these suits...

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