The 2nd Circuit has rejected an attorney's bid to circumvent restrictions on class actions under New York law to bring a federal claim against telecom equipment company Avaya under a law banning unsolicited fax ads. The court said attorney Todd C. Bank used an "inventive" approach in trying to bring a class action under the Telephone Consumer Protection Act in federal court, but that Bank's 10,000 purported class members would have to bring individual actions.
2nd Circuit Rejects Lawsuit Over Unsolicited Fax Ads
New York Law Journal
November 10, 2008