Ari Weitzner v. Sanofi Pasteur Inc

SMITH, Chief Judge.

Plaintiffs Dr. Ari Weitzner and his professional corporation, Ari Weitzner M.D.

*607 P.C., challenge the District Court's conclusion on summary judgment that their claims under the Telephone Consumer Protection Act (TCPA) were untimely. There is no dispute that plaintiffs' TCPA claims-brought individually and on behalf of a proposed class-are untimely unless tolling applies. As a result, the primary question before this Court is whether tolling is available under American Pipe & Construction Co. v. Utah , 414 U.S. 538 , 94 S.Ct. 756 , 38 L.Ed.2d 713 (1974).

American Pipe provides…