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November 14, 2014

Appeals Court Deems Dentist’s One-Page Fax A TCPA Violation

A federal appeals court has charged Atlanta dentist, John G. Sarris, D.D.S, with a violation of the TCPA after sending a one-page “unsolicited fax advertisement” to the Palm Beach Golf Center-Boca in Florida.

Palm Beach Golf brought the class action suit against Sarris after receiving the fax, “claiming that the fax advertisement violated the Telephone Consumer Protection Act.”

The case, which was initially ruled in Sarris’ favor, was overturned by the federal appeals court when they found that Palm Beach Golf Center was entitled to relief because, “Sarris, D.D.S.’s sending of ‘unsolicited faxes…permanently misappropriated [plaintiff’s] fax machine, toner, paper and employee time to defendant[‘s] own use.’”

We also invite you to read ILR’s report on the growth in TCPA litigation, The Juggernaut of TCPA Litigation: The Problems with Uncapped Statutory Damages.

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