Mealey's Litigation Procedure - New York Federal Judge: Prior Suit Does Not Bar Current TCPA Class Complaint

NEW YORK - The dismissal of a prior suit in a different court filed by the same lead plaintiff against the same defendants regarding the same phone call that allegedly violated the Telephone Consumer Protection Act (TCPA) does not bar the present suit from proceeding, a New York federal judge ruled June 20 (Todd C. Bank v. Spark Energy Holdings, LLC, et al., No. 13-6130, E.D. N.Y.; 2014 U.S. Dist. LEXIS 84493).

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