Florham Park associate Andrew Van Houter was quoted in a Legal NewsLine article titled, “Plaintiff’s Death Dismisses Potential TCPA Class Action.” Andrew commented on the dismissal of a TCPA case filed by a plaintiff who passed away prior to class certification. A New York District Court found that the claims at issue were penal, not remedial, and therefore the suit could not survive (or include the estate in his stead).

“It’s not surprising that the courts decided the damages are penal,” Andrew noted. He added that, “It would be a hurdle to start all over to try and do whatever they’d done up to that point.”

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