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LOC. BAKING PROD. v. KOSHER BAGEL.

Docket No. A-3923-09T2

23 A.3d 469 (2011)

421 N.J. Super. 268

LOCAL BAKING PRODUCTS, INC., Plaintiff-Appellant, v. KOSHER BAGEL MUNCH, INC., Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided July 19, 2011.

Attorney(s) appearing for the Case

Phillip A. Bock (Bock & Hatch) of the Illinois bar, admitted pro hac vice, argued the cause for appellant (Herten, Burstein, Sheridan, Cevasco, Bottinelli, Litt & Harz, L.L.C. and Mr. Bock , attorneys; Terry Paul Bottinelli , of counsel; Christopher T. Karounos , Hackensack, of counsel and on the brief).

Jay M. Green argued the cause for respondent (Bodell, Bove, Grace & Van Horn, P.C., attorneys; Louis A. Bove and Mr. Green , on the brief).

Before Judges CARCHMAN, GRAVES and MESSANO.

The opinion of the court was delivered by

CARCHMAN, P.J.A.D.

The Telephone Consumer Protection Act (TCPA or the Act), 47 U.S.C.A. § 227, enacted by Congress in 1991, prohibits the use of "any telephone facsimile machine, computer, or other device to send, to a telephone facsimile machine, an unsolicited advertisement. . . ." 47 U.S.C.A. § 227(b)(1)(C). The Act provides for, among other remedies, a "[p]rivate right of action" and fixes...

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