Landsman & Funk, PC v. Skinder-Strauss Associates, Nos. 09-3105, 09-3532 and 09-3793; Third Circuit; opinion by Rendell, U.S.C.J.; concurrence by McKee, U.S.C.J.; dissent by Garth, U.S.C.J.; filed April 4, 2011. Before Judges McKee, Rendell and Garth. On appeal from the District of New Jersey. [Sat below: Judges Hayden, Martini and Sheridan.] DDS No. 24-8-1623 [77 pp.]
This consolidated appeal encompasses three class actions brought in the District Court for the District of New Jersey under the Telephone Consumer Protection Act (TCPA). The TCPA is a unique federal statute that provides a private right of action for recipients of unsolicited facsimiles, as well as statutory damages of $500 per “violation.” Plaintiffs in these suits alleged that each respective defendant sent more than 10,000 unsolicited fax advertisements to plaintiffs at their New York or New Jersey offices, and to thousands of others throughout the country, in violation of the TCPA. Plaintiffs in each case requested more than $5 million in damages for themselves and the members of the classes they represented. All three cases were dismissed by the district courts on the grounds that plaintiffs’ claims did not fulfill the requirements of diversity jurisdiction.
