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GIOVANNIELLO v. ALM MEDIA, LLC

Docket No. 10-3854-cv.

660 F.3d 587 (2011)

Earle GIOVANNIELLO, Individually and on Behalf of All Others Similarly Situated, Plaintiff-Appellant, v. ALM MEDIA, LLC, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: October 17, 2011.

Attorney(s) appearing for the Case

Todd C. Bank, Esq. , Kew Gardens, NY, for Plaintiff-Appellant.

Elizabeth C. Koch , Chad R. Bowman , Levine Sullivan Koch & Schultz, LLP, Washington, D.C., for Defendant-Appellee.

Judge WALLACE concurs in the judgment in a separate opinion.

REENA RAGGI, Circuit Judge:

The Telephone Consumer Protection Act of 1991 ("TCPA"), 47 U.S.C. § 227, allows persons to recover statutory damages in state court for the transmission of unsolicited advertisements by means of a telephone facsimile machine "if otherwise permitted by the laws or rules of court" of the state where the action is filed, id. § 227(b)(3). On this appeal from a judgment of dismissal entered in the United States District Court...

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