A U.S. District Court in the Southern District of Florida found that class action was “commenced” after the effective date of the Class Action Fairness Act (“CAFA”). The court rejected the adoption of McAtee v. Capitol One, 479 F.3d 1143 (9th Cir. 2007) in which the U.S. Ninth Circuit Court of Appeal indicated that the “relation back” principle was inapplicable to amended complaints for removal purposes under CAFA, (establishing, under California law, that an action is “commenced” when the original complaint is filed). Applying Florida’s relation-back caselaw, however, the court found that “the amended complaint adds an entirely new claim. First, Plaintiffs expand the class definition beyond what was contemplated in the original complaint. Second, the amended complaint addresses customers who were charged an ETF when the amount of the ETF exceeded the remaining monthly service charges under the contract. Finally, the amended complaint adds a claim for injunctive relief.” Accordingly, the motion for remand was denied. See Waldman v. Cingular Wireless, No.07-80081, 2007 WL 1970858 (S.D.Fla. July 3, 2007).