07-19-11 LOCAL BAKING PRODUCTS, INC. VS. KOSHER BAGEL MUNCH, INC.
A-3923-09T2
The Telephone Consumer Protection Act (TCPA or the Act), 47 U.S.C.A. § 227, enacted by Congress in 1991, prohibits the use of "any telephone facsimile machine, computer, or other device to send, to a telephone facsimile machine, an unsolicited advertisement . . . ." 47 U.S.C.A. § 227(b)(1)(C). The Act provides for a "[p]rivate right of action" and fixes the damages for each violation at $500 or actual damages, whichever is greater. 47 U.S.C.A. § 227(b)(3).
The narrow issue raised on this appeal is whether a plaintiff may maintain a class action to enforce the private cause of action. We conclude that a class action may not be maintained. The proposed class action does not meet the "superiority" prong of Rule 4:32-1(b)(3), governing class actions.
