Claims filed under the federal Telephone Consumer Protection Act for improper business solicitations die when the claimant does and do not transfer to their estates, a federal judge has ruled from Rochester.

Western District Judge Frank Geraci Jr. decided in Hannabury v. Hilton Grand Vacations Company, 14-cv-6126, that federal law, not state law, governs the survivability of phone solicitation claims. Geraci wrote that confusion over that question was cleared up by the U.S. Supreme Court in its 2012 ruling in Mims v. Arrow Financial Services, 10–1195.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]