Fitzgerald v. Gann Law Books, Inc.

OPINION

McNULTY, District Judge.

This matter comes before the Court upon Defendants’ motion to dismiss the Complaint, which is pleaded as a class action. Plaintiff, on behalf of himself and *582others similarly situated, alleges that Defendants have “caused to be sent thousands of unsolicited fax advertisements for goods and/or services without proper-opt-out notices,” in violation of the Telephone Consumer Protection Act, 47 U.S.C. § 227 (“TCPA”). Complaint, filed July 26, 2011, ECF No. 1 (“Complaint”). The only private cause of action explicitly provided for in TCPA is a state-court right of…