Recent Developments in New York Law

Danile, Jeffrey, Viggiano, Jeanette M., St. John's Law Review

Foxhall Realty Law Offices, Inc. v. Telecommunications Premium Services, Ltd.: The Second Circuit concludes that New York State courts have exclusive jurisdiction over private rights of action asserted under 227 of the Federal Telephone Consumer Protection Act of 1991.

In 1991, Congress explicitly prohibited the use of telecommunications technology1 by the telemarketing industry2 to forward unsolicited advertisements to consumers.3 Congress recognized that the facsimile ("fax") machine's basic design, to process and print any message sent to its number, allowed the recipient of unsolicited fax advertisements to be harmed in two direct ways. "First, it shifts some of the costs of …

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Publication information: Article title: Recent Developments in New York Law. Contributors: Danile, Jeffrey - Author, Viggiano, Jeanette M. - Author. Journal title: St. John's Law Review. Volume: 73. Issue: 2 Publication date: Spring 1999. Page number: 613+. © St. John's Law Review Association Fall 2008. Provided by ProQuest LLC. All Rights Reserved.

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