New York Supreme Court May 27, 2004 (Giovanniello v. Hispanic Media Group USA, Inc.)

OPINION OF THE COURT

Zelda Jonas, J.

*441Plaintiff had. commenced a class action for an alleged violation of the Telephone Consumer Protection Act of 1991 (hereinafter referred to as TCPA), which prohibits the transmission of an unsolicited or “junk” advertisement to telephone facsimile (fax) machines (47 USC § 227 [b] [1] [C]).