A federal judge has certified a plaintiff class in a suit over irksome junk faxes, despite a New Jersey appeals court ruling that cases under the Telephone Consumer Protection Act are a better fit for small-claims adjudication.

U.S. District Judge Stanley Chesler on Monday declined to follow Local Baking Product Inc. v. Kosher Bagel Munch Inc., 421 N.J. Super. 268 (App. Div. 2011), which held TCPA suits can’t meet the superiority requirement for class-action status.