Sawyer v. Atlas Heating & Sheet Metal, Inc., No. 10-3672 (7th Cir. 2011)
Annotate this CaseDefendants faxed unsolicited advertisements to plaintiff and others, violating the Telephone Consumer Protection Act, 47 U.S.C. 227. One of the recipients filed a proposed class action in Wisconsin, but dismissed its complaint after the four-year limitations period had run, but before the class was certified. Plaintiff's motion to intervene was denied. The district court denied a motion to dismiss plaintiff's subsequent complaint, reasoning that the limitations period was tolled by the state court filing. The Seventh Circuit affirmed on interlocutory appeal.
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