Ewing Indus. Corp. v. Bob Wines Nursery, Inc., No. 14-13842 (11th Cir. 2015)
Annotate this CaseAero filed a class action in Florida state court in 2010 against defendants, alleging that defendants sent unsolicited facsimile advertisements to the putative class in violation of the Telephone Consumer Protection Act (TCPA), 47 U.S.C. 227(b)(1)(C). These claims concern conduct that took place in 2006 and are governed by a four-year statute of limitations. The Florida state court granted summary judgment in favor of defendants in 2013. Later that year, Ewing filed a similar class complaint in federal court against the same defendants containing similar allegations. Recognizing that more than four years had passed since the alleged conduct, the complaint alleges that the statute of limitations was tolled during the pendency of Aero’s purported class action. The court affirmed, under Griffin v. Singletary, the district court's judgment, concluding that the pendency of Aero's purported class action did not toll the statute of limitations for Ewing's purported class action.
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