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SUSINNO v. WORK OUT WORLD INC.

No. 16-3277.

862 F.3d 346 (2017)

Noreen SUSINNO, individually and on behalf of all others similarly situated, Appellant, v. WORK OUT WORLD INC.; John Does 1-25.

United States Court of Appeals, Third Circuit.

Filed: July 10, 2017.

Attorney(s) appearing for the Case

Keith J. Keogh , Timothy J. Sostrin [Argued], Keogh Law, 55 West Monroe Street, Suite 3390, Chicago, IL 60603, Yitzchak Zelman , Ari H. Marcus , Marcus & Zelman, 1500 Allaire Avenue, Suite 101, Ocean, NJ 07712, Counsel for Appellant.

Joshua S. Bauchner [Argued], Michael H. Ansell , Ansell Grimm & Aaron, 365 Rifle Camp Road, Woodland Park, NJ 07424, Counsel for Appellees.

Andrew J. Pincus [Argued], Mayer Brown , 1999 K Street, N.W., Washington, DC 20006, Counsel for Amicus Chamber of Commerce in Support of Appellees.

Brian Melendez , Dykema Gossett , 4000 Wells Fargo Center, 90 South Seventh Street, Minneapolis, MN 55402, Counsel for Amicus ACA International in Support of Appellees.

Before: HARDIMAN and KRAUSE, Circuit Judges, and STENGEL, District Judge.

OPINION OF THE COURT

Noreen Susinno appeals the District Court's order dismissing her Telephone Consumer Protection Act (TCPA) claim against Work Out World Inc. for lack of subject matter jurisdiction. Because the TCPA provides Susinno with a cause of action, and her alleged injury is concrete, we will reverse...

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