Weitzner v. Vaccess America Inc.

MINORA, J,

I. BACKGROUND

On February 14,2005, plaintiff commenced this putative class action individually and on behalf of himself and others similarly situated alleging violations of the Telephone Consumer Protection Act 47 U.S.C. §227(b) (3), 47 U.S.C. §227(b)(l)(C) and regulations 47 C.F.R. §1200(a)3 promulgated thereunder (TCPA). Before this court are plaintiff’s motion to amend his complaint regarding the definition of the class and collective defendants’ motion for summary judgment.

The issues presented by these motions are three: (1) whether governing law prevents TCPA nationwide class…