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FITZGERALD v. GANN LAW BOOKS, INC.

Civil Action No. 11-cv-4287 (KM).

956 F.Supp.2d 581 (2013)

Nicholas FITZGERALD, on behalf of himself and all others similarly situated, Plaintiff, v. GANN LAW BOOKS, INC., Gann Legal Education Foundation, Inc. and Michael Protzel, Defendants.

United States District Court, D. New Jersey.

July 29, 2013.

Attorney(s) appearing for the Case

Aytan Yehoshua Bellin , Bellin & Associates LLC, White Plains, NY, for Plaintiff.

Allyn Zissel Lite , Mayra Velez Tarantino , Lite DePalma Greenberg, LLC, Newark, NJ, for Defendants.

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 others 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...

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