Legal Opinion
Creative Montessori Learning Centers v. Ashford Gear LLC
Court of Appeals for the Seventh Circuit
Decided November 22, 2011No. 11-8020PublishedCited by 69 opinions
1Opinion of the Court
POSNER, Circuit Judge.
The defendant has asked us for permission to appeal from the district judge’s certification of a class in a suit under the Telephone Consumer Protection Act (as amended by the Junk Fax Prevention Act of 2005), 47 U.S.C. § 227. See Fed. R.Civ.P. 23(f). The Act imposes, on anyone who sends an unsolicited fax advertisement, statutory damages of $500 per fax, which can be trebled if the court finds that the violation was willful or knowing. 47 U.S.C. § 227(b)(1)(C), (b)(3). Such “junk faxes” consume the recipient’s paper and ink without his consent and are thus a source of…
2Cases cited27 opinions
- Wal-Mart Stores, Inc. v. DukesSupreme Court of the United States · 2011
- General Telephone Co. of Southwest v. FalconSupreme Court of the United States · 1982
- In Re General Motors Corporation Pick-Up Truck Fuel Tank Products Liability Litigation. Jack French, Robert M. West, Charles E. Merritt, Gary Blades, Dawn and Tracey Best, Gary and Jackie Barnes, Betty Marteny, John and Mary Southands, Edmund Berning, Dale W. Plummer, Edmund and Anneta Casey, John and Connie Yonki, Carl and Kathryn Corona, Dallas and Patricia Nelson, Mynard and Mildred Duncan, Kirby L. Stegman, Dewayne Anderson, Morris and Barbara Betzold, in No. 94-1064. Rudolph Jenkins, William D. Cunningham, Mather Johnson, Forrest Charles Ginn, Buren William Jones and Martin D. Parkman, in No. 94-1194. Parish of Jefferson, in No. 94-1195. The State of New York, in No. 94-1198. Elton Wilson, Individually, and Frank I. Owen, Individually and on Behalf of the Residents of the State of Alabama, in No. 94-1202. City of New York, in No. 94-1203. Betty Youngs, Barbara Phillips, Margaret Engel, Larry Swope, Robbin Maxwell and Center for Auto Safety, in No. 94-1207. Betty Youngs, Barbara Phillips, Margaret Engel, Larry Swope, Robbin Maxwell and Center for Auto Safety, in No. 94-1208. Commonwealth of Pennsylvania, Department of Transportation, in No. 94-1219Court of Appeals for the Third Circuit · 1995
- Rodriguez v. West Publishing Corp.Court of Appeals for the Ninth Circuit · 2009
- John D. Szabo, Doing Business as Zatron v. Bridgeport MacHines Inc.Court of Appeals for the Seventh Circuit · 2001
22 more not listed; retrieve them via the Exa API.
3Cited by69 opinions
- Daniel Greenberg v. Procter & Gamble CompanyCourt of Appeals for the Sixth Circuit · 2013
- Ira Holtzman v. Gregory TurzaCourt of Appeals for the Seventh Circuit · 2013
- Kent Eubank v. Pella CorporationCourt of Appeals for the Seventh Circuit · 2014
- Sandusky Wellness Center, LLC v. Medtox Scientific, Inc.Court of Appeals for the Eighth Circuit · 2016
- Pearson v. NBTY, Inc.Court of Appeals for the Seventh Circuit · 2014
64 more not listed; retrieve them via the Exa API.