U.S. Court of Appeals for the Second Circuit

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Docket Number


Case Updates

Petition for rehearing en banc denied

April 11, 2017

Second Circuit affirms denial of class certification in TCPA action

February 15, 2017

The Second Circuit agreed with the district court’s denial of class certification. As a threshold matter, the court concluded that the named plaintiff had alleged sufficiently concrete harm to establish standing. However, the court agreed with the district court that the class was not “ascertainable” because plaintiff had not identified an objective and reliable means of identifying class members, and further concluded that the named plaintiff’s individual claim had been mooted after the defendant deposited full relief with the district court and judgment was entered in favor of the plaintiff.

U.S. Chamber asks Second Circuit to affirm the denial of class certification in TCPA class action

October 14, 2016

Click here to view the U.S. Chamber's amicus brief.

Anton Metlitsky and Hannah Y.S. Chanoine of O'Melveny & Myers LLP served as counsel for the U.S. Chamber of Commerce on behalf of the U.S. Chamber Litigation Center.

Case Documents