Legal Opinion

Kaplan v. First City Mortgage

Rochester City Court

Decided December 8, 1999PublishedCited by 10 opinions

1Opinion of the Court

OPINION OF THE COURT

Roy Wheatley King, J.

In this small claims action, plaintiff seeks a money judgment for alleged violations of the Telephone Consumer Protection Act of 1991 (47 USC § 227 [b] [1] [B] [TCPA]), Federal Com*26munications Commission implementing regulations (47 CFR 64.1200 et seq.) and General Business Law § 399-p (3) (a). At the trial de novo held in this matter on November 22, 1999, plaintiff testified that on June 14, 1999, he received a telephone call at his residential telephone line that was delivered to his telephone answering' machine. The telephone call was a mortgage loan…

2Cases cited10 opinions

  1. Perrin v. United StatesSupreme Court of the United States · 1979
  2. Smith v. United StatesSupreme Court of the United States · 1993
  3. International Science & Technology Institute, Incorporated v. Inacom Communications, IncorporatedCourt of Appeals for the Fourth Circuit · 1997
  4. Chair King, Inc., Plaintiffs-Appellants-Cross-Appellees v. Houston Cellular Corporation, Defendants-Appellees-Cross-Appellants, Karen Laake, Etc.Court of Appeals for the Fifth Circuit · 1997
  5. United States v. Artemio Ramirez Lopez and Francisco ChaidezCourt of Appeals for the Seventh Circuit · 1993

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3Cited by10 opinions

  1. Hooters of Augusta, Inc. v. NicholsonCourt of Appeals of Georgia · 2000
  2. Zelma v. MARKET USANew Jersey Superior Court Appellate Division · 2001
  3. MLC Mortgage Corp. v. Sun America Mortgage Co.Supreme Court of Oklahoma · 2009
  4. Stern v. BluestoneAppellate Division of the Supreme Court of the State of New York · 2008
  5. Rudgayzer & Gratt v. Enine, Inc.Appellate Terms of the Supreme Court of New York · 2004

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