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TCPA Case Argued to Georgia Supreme Court.


On May 7, 2012, Celeste McCollough appeared before the Georgia Supreme Court for a case involving a class action brought under the federal Telephone Consumer Protection Act which prohibits unsolicited fax advertisements.  The dispute, in part, revolves around what is required before a fax advertising target can recover damages under the TCPA's private right of action.  Ms. McCollough argued that a class member is entitled to recover only if he or she actually received an unsolicited fax, and that a fax must be received in order to support a claim for damages under the TCPA. Opposing counsel argued that the statute merely requires that a fax be sent irrespective of whether the intended recipient actually received the fax.  In an earlier proceeding, the Georgia Court of Appeals agreed that a target must receive a fax to recover damages under the TCPA, stating, "[a] person or entity that does not receive an unsolicited fax has no need for such recovery."  Opposing counsel seeks to have the Court of Appeals' decision obtained by the firm reversed.  The Georgia Supreme Court should issue its decision before the end of the year.

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