Legal Opinion

Carnett's, Inc. v. Hammond

Supreme Court of Georgia

Decided March 14, 2005No. S04G1241PublishedCited by 67 opinions

1Opinion of the Court

Fletcher, Chief Justice.

Michelle Hammond brought a class action lawsuit against Car-nett’s, Inc. alleging that Carnett’s violated the Telephone Consumer Protection Act (TCPA) 1 when its agent faxed 73,500 unsolicited advertisements to Atlanta area residents. The issue before us is whether the Court of Appeals correctly held that the trial court abused its discretion in denying Hammond’s motion for class certification. 2 Because individual questions of law and fact predominate over whether a recipient’s fax was “unsolicited,” and thus whether each recipient is properly part of the class, the…

2Cases cited18 opinions

  1. Federal Communications Commission v. ITT World Communications, Inc.Supreme Court of the United States · 1984
  2. Forman v. Data Transfer, Inc.District Court, E.D. Pennsylvania · 1995
  3. Nicholson v. Hooters of Augusta, Inc.Court of Appeals for the Eleventh Circuit · 1998
  4. Sta-Power Industries, Inc. v. AvantCourt of Appeals of Georgia · 1975
  5. Hooters of Augusta, Inc. v. NicholsonCourt of Appeals of Georgia · 2000

13 more not listed; retrieve them via the Exa API.

3Cited by67 opinions

  1. Kavu, Inc. v. Omnipak Corp.District Court, W.D. Washington · 2007
  2. All American Painting, LLC v. Financial Solutions & Associates, Inc.Supreme Court of Missouri · 2010
  3. JMIC Life Insurance Co. v. TooleCourt of Appeals of Georgia · 2006
  4. EarthLink, Inc. v. EavesCourt of Appeals of Georgia · 2008
  5. Georgia-Pacific Consumer Products, Lp v. RatnerSupreme Court of Georgia · 2014

62 more not listed; retrieve them via the Exa API.

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