In Bonime v. Avaya, Inc., the Second Circuit rejected a New York plaintiff’s attempt to bring a putative class action in federal court based on alleged violations of the Telephone Consumer Protection Act because these claims would not be actionable in state court. The Telephone Consumer Protection Act (TCPA) makes it unlawful to send unsolicited advertisements to facsimile machines. The TCPA also creates a private right of action that allows a plaintiff to bring an action for recovery of damages for actual monetary loss or statutory penalties, if such an action would be “otherwise permitted by the laws or rules of court.” The Bonime court found that the district court properly dismissed the plaintiff’s claims because under New York law a class action for statutory damages is not actionable unless the statute imposing or creating the penalty specifically authorizes recovery in a class action. The Second Circuit explained that because the TCPA functionally operates as state law, the Erie doctrine must be applied to the TCPA. It added that following the state court precedent and dismissing plaintiff’s case would further the twin aims of the Erie doctrine - discouragement of forum-shopping and avoidance of inequitable administration of the law. The court also found that dismissal of the plaintiff’s claims was independently appropriate because the plain text of the TCPA provides that a private claim may not be brought under the TCPA if it is not permitted by state law, and New York state courts have found putative TCPA class actions to be barred under New York law.