Schulman v. Chase Manhattan Bank
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
O’Brien, J. P.
This appeal presents the issue of whether a private right of action under the Telephone Consumer Protection Act of 1991 (47 USC § 227 [hereinafter the TCPA]) may be brought in a New York State court. We conclude that it may.
The TCPA was enacted to address telemarketing abuses, in particular, those attributable to the use of automated telephone calls that deliver prerecorded messages. The TCPA was designed to “protect the privacy interests of residential telephone subscribers by placing restrictions on unsolicited, automated telephone calls to the home and to…
2Cases cited12 opinions
- Leon v. MartinezNew York Court of Appeals · 1994
- Howlett Ex Rel. Howlett v. RoseSupreme Court of the United States · 1990
- Tafflin v. LevittSupreme Court of the United States · 1990
- Mondou v. New York, New Haven & Hartford RailroadSupreme Court of the United States · 1912
- Testa v. KattSupreme Court of the United States · 1947
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