2nd Circuit: 4th Amended TCPA Complaint Was Filed 30 Days Too Late

2nd Circuit: 4th Amended TCPA Complaint Was Filed 30 Days Too Late

NEW YORK - The four-year statute of limitations under federal law, rather than two-year statute under state law, applies to class complaint filed in federal court under the Telephone Consumer Protection Act (TCPA), but the tolling rule, as it was announced in American Pipe & Construction Co. v. Utah (414 U.S. 538 $(1974$)), extends only through the denial of class status in the first instance by the district court, the Second Circuit U.S. Court of Appeals ruled Aug. 8, upholding a judgment of dismissal based on untimeliness (Earle Giovanniello v. ALM Media, LLC, No. 10-3854, 2nd Cir.; 2013 U.S. App. LEXIS 16394).

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