Legal Opinion

Jay Clogg Realty Group, Inc. v. Burger King Corp.

District Court, D. Maryland

Decided April 15, 2014No. PWG-13-662PublishedCited by 2 opinions

1Opinion of the Court

MEMORANDUM OPINION

PAUL W. GRIMM, District Judge.

Plaintiff Jay Clogg Realty Group, Inc. has brought this purported class action under the Telephone Consumer Protection Act (“TCPA”), 47 U.S.C. § 227, alleging that Defendant Burger King Corp. sent improper and unsolicited facsimile advertisements to members of the purported plaintiff class. Defendant has moved to dismiss the complaint or to strike the class allegations, arguing that Plaintiff has failed to state a claim and that, in any event, claims under the TCPA are not amenable to class relief. Because I find that there is nothing in the…

2Cases cited18 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Car Carriers, Inc. v. Ford Motor Company and Nu-Car Carriers, Inc.Court of Appeals for the Seventh Circuit · 1984
  4. Shirley Presley v. City of Charlottesville Rivanna Trails FoundationCourt of Appeals for the Fourth Circuit · 2006
  5. Aziz v. Alcolac, Inc.Court of Appeals for the Fourth Circuit · 2011

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3Cited by2 opinions

  1. Krakauer v. Dish Network L.L.C.District Court, M.D. North Carolina · 2015
  2. Cordoba v. DirecTV, LLCDistrict Court, N.D. Georgia · 2017

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