Posts tagged georgia.

Colette Jenkins v. MGage, LLC, No. 1:14-cv-2791-WSD (N.D. Ga. Aug. 12, 2016)

Plaintiff filed this TCPA lawsuit after receiving 150 text messages over an approximately one year period during which she tried to stop the messages on 17 occasions. Defendant moved for summary judgment, contending the messages were not sent using an Automatic Telephone Dialing System (ATDS) but rather as a result of human intervention. Thus, Defendant argued, since it did not use an ATDS (a vital component of a TCPA claim) to send the messages, the claim should be dismissed.

Granting summary judgment in ...

A Fast Sign Company, Inc. d/b/a Fastsigns v. American Home Services, Inc., No. S11G1708, 2012 WL 5381254 (Ga. Nov. 5, 2012) In 2002 and 2003, Defendant, a siding, window and gutter installation company, contracted with a third party to send a total of 318 unsolicited advertisements to various fax machines in the Atlanta, Georgia area. A class action complaint was filed, after which time a bench trial was held and a $459 Million verdict was entered. The Georgia Court of Appeals vacated the verdict, concluding that the trial court erroneously based liability and damages on the number of ...

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