ATLANTA (Legal Newsline) – Charter Communications is asking a federal court in Atlanta to transfer a class action lawsuit alleging it sent junk faxes to the Southern District of New York.
The cable company is a defendant in the telephone harassment lawsuit and says the court lacks jurisdiction to hear the case.
The Law Offices of Shimshon Wexler PC filed a class action complaint on March 24 in U.S. District Court for the Northern District of Georgia against Charter Communications, Time Warner and AICOM, alleging they sent an advertisement via fax machine to the plaintiff in violation of the Telephone Consumer Protection Act because the fax did not include an opt-out notice.
A motion to certify the class was filed on March 27.
In its filing asking for a change of venue, Charter doesn’t dispute the faxed advertisement was sent; it says AICOM, a telemarketing firm based outside Georgia, sent the fax to the plaintiff’s office in New York. In addition, Charter says the complaint fails to state that Charter sent the fax or had any role in sending it.
Charter’s filing also explains that Wexler has not established a prima facie case for personal jurisdiction over the Charter defendants because there is no evidence Charter consummated any transaction within Georgia.
Charter also says even if the plaintiff had alleged a prima facie case, Charter has submitted evidence proving the plaintiff’s claims do not arise out of any act Charter committed within Georgia, and the plaintiff cannot refute the evidence.
Charter argues even if the fax were somehow received in Georgia despite the fact that it was sent to plaintiff’s New York fax number, that would still not convey personal jurisdiction in Georgia under the Long-Arm Statute.
Charter is represented by Kabat, Chapman & Ozmer LLP of Atlanta.