Bank v. Independence Energy Group, LLC, No. 12-cv-1369 (E.D.N.Y. May 1, 2013) Pending before the Court was Plaintiff's Motion to Reconsider its dismissal of a class action Complaint based on a conclusion that New York Civil Practice Law 901(b) bars TCPA class actions in federal court. Plaintiff relied on the United States Supreme Court's holdings in Mims v. Arrow Fin. Servs., LLC, and various district court cases supporting Plaintiff's argument. Denying the Motion, the court concluded that Mims does not abrogate the U.S. Court of Appeals' holding in Holster III v. Gatco, Inc, that ...
Bank v. Sparks Energy Holdings, LLC, Civ. No. 4:11-cv-4082, 2012 WL 4097749 (S.D. Tex. Sept. 13, 2012) Plaintiff, a citizen of the State of New York, filed a purported class action lawsuit in Texas against Defendant. At issue was an allegedly unsolicited voice message Plaintiff received on his residential phone line stating: "Hello, this is [omission in the original] pertaining to your current electric bill with Con Edison, reference number 42648967. We are now able to offer you a lower rate on your electricity bill through the recent government deregulation. Press five to be ...