Blitz v. Agean, Inc.

McGEE, Judge.

Defendant operates two restaurants in Durham, North Carolina: Papa’s Grill and Front Street Cafe. Defendant obtained a list of approximately 900 business fax numbers (the list) from InfoUSA, a list broker, in the spring of 2004. Defendant then contracted with Concord Technologies, Inc. (Concord) for Concord to send Defendant’s fax advertisements to all the numbers on the list at Defendant’s direction. It is uncertain from the record whether the list obtained from InfoUSA was augmented by additional fax numbers obtained directly by Defendant from its customers.

Defendant, through…