CITY SELECT AUTO SALES INC., a New Jersey corporation, individually and as the representative of a class similarly situated persons, Appellant
v.
BMW BANK OF NORTH AMERICA INC.; BMW Financial Services NA LLC; Creditsmarts Corp.
United States Court of Appeals, Third Circuit.https://leagle.com/images/logo.png
ARGUED: January 25, 2017.
Filed: August 16, 2017.
Attorney(s) appearing for the Case
Phillip A. Bock, Esq. [ARGUED], Jonathan B. Piper, Esq. , Bock, Hatch, Lewis & Oppenheim, LLC, 134 North La Salle Street, Suite 1000, Chicago, IL 60602, Alan C. Milstein, Esq. , Sherman, Silverstein, Kohl, Rose & Podolsky, P.A., 308 Harper Drive, Suite 200, Eastgate Corporate Center, Moorestown, NJ 08057, Counsel for Appellant City Select Auto Sales, Inc.
Ryan L. DiClemente, Esq. , Saul Ewing LLP, 650 College Road East, Suite 4000, Princeton, NJ 08540, Raymond A. Garcia, Esq. , Stroock & Stroock & Lavan LLP, 180 Maiden Lane, 38th Floor, New York, NY 10038, Julia B. Strickland, Esq. [ARGUED], Stroock & Stroock & Lavan LLP 2029 Century Park East, Suite 1800, Los Angeles, CA 90067, Counsel for Appellees BMW Bank of North America, Inc., and BMW Financial Services NA, LLC.
Jonathan D. Hacker, Esq. , O'Melveny & Myers, 1625 I Street NW, Washington, DC 20006, Hannah Y.S. Chanoine, Esq. , Anton Metlitsky, Esq. , 7 Times Square, Time Square Tower, 33rd Floor, New York, NY 10036, Counsel for Amicus Curiae The Chamber of Commerce of the United States of America and the Grocery Manufacturers Association.
Before: KRAUSE, SCIRICA, and FUENTES, Circuit Judges.
OPINION OF THE COURT
SCIRICA, Circuit Judge.
In this Federal Rule of Civil Procedure 23(f) appeal, a New Jersey automobile dealership contests the denial of class certification of claims brought against the consumer financing division of BMW and its contractor for junk faxes allegedly sent in violation of the Telephone Consumer Protection...
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