Opinion
No. X05CV030199155S
April 8, 2005
MEMORANDUM OF DECISION RE MOTION TO DISMISS
The defendants, U.S. Sterling Securities, Inc., and U.S. Sterling Capital Corporation have filed a motion to dismiss for lack of personal jurisdiction. The plaintiff, Aharon Weber, is a New York resident. He is alleging that he received a one page unsolicited facsimile advertisement in violation of the federal Telephone Consumer Protection Act. The plaintiff alleges that two New York corporations, U.S. Sterling Securities, Inc. and U.S. Sterling Capital Corporation, both located in New York, sent an unsolicited facsimile for a Delaware limited liability company, Retail Relief, LLC, to Aharon Weber in New York where he resides. Accordingly, the plaintiff concedes in his pleading that defendants were in New York when they sent the facsimile to plaintiff in New York. Plaintiff argues that there is jurisdiction in Connecticut over U.S. Sterling Securities, Inc. and U.S. Sterling Capital Corporation because the additional two named individual defendants, who have not moved to dismiss, are Connecticut residents. Additionally, the facsimile has a contact number that is located in Connecticut.
Based on the affidavits presented and the argument of counsel, the court concludes that there is absolutely no basis for conferring jurisdiction over the defendants, U.S. Sterling Securities, Inc. or U.S. Sterling Capital Corporation. Both are New York corporations, neither does business in Connecticut or owns any interest in any real property in Connecticut. The facsimile that was allegedly sent by these defendants was sent from New York to a New York address. Even in situations where a facsimile was sent from New York to Connecticut, which is not the case here, the Connecticut courts have held that the mere sending of a communication into the State does not necessarily confer jurisdiction. Custom Navigation Systems, Inc. v. Pincus, 935 F.Sup. 117 (D.Conn. 1995). Accordingly, the motion to dismiss is granted as to the defendants, U.S. Sterling Securities, Inc. and U.S. Sterling Capital Corporation.
SO ORDERED.
CHASE T. ROGERS, JUDGE