Legal Opinion · Dissent

Sawyer v. West Bend Mutual Insurance

Court of Appeals of Wisconsin

Decided July 10, 2012No. 2011AP902Published

1DissentFine, J.

¶ 26. 0dissenting). As the Majority tells us, the Telephone Consumer Protection Act, 47 U.S.C. § 227, makes it "unlawful... to use any telephone facsimile machine, computer, or other device to send, to a telephone facsimile machine, an unsolicited advertisement," with exceptions not material in this case. 42 U.S.C. § 227(b)(1)(C). The potential penalties are withering:

Private right of action

A person or entity may, if otherwise permitted by the laws or rules of court of a State, bring in an appropriate court of that State—

(A) an action based on a violation of this subsection or the regulations…

2Cases cited9 opinions

  1. Taniguchi v. Kan Pacific Saipan, Ltd.Supreme Court of the United States · 2012
  2. American Family Mutual Insurance v. American Girl, Inc.Wisconsin Supreme Court · 2004
  3. American States Insurance Company v. Capital Associates of Jackson County, Inc.Court of Appeals for the Seventh Circuit · 2004
  4. Creative Montessori Learning Centers v. Ashford Gear LLCCourt of Appeals for the Seventh Circuit · 2011
  5. Blue Cross Blue Shield of Massachusetts, Inc. v. BCS InsuranceCourt of Appeals for the Seventh Circuit · 2011

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