Omerza v. Bryant, 2006-L-092 (9-28-2007)

OPINION

{¶ 1} Phillip Berardinelli, Inc. ("PBI"), appellant, appeals the Lake County Court of Common Pleas' decision granting judgment in favor of appellee, Bryant Stratton College ("Bryant Stratton").

{¶ 2} This case was originally filed by Raymond Omerza alleging that Bryant Stratton violated provisions of the Telephone Consumer Protection Act of 1991 ("TCPA"), Section 227(b), Title 47, U.S. Code, and the Ohio Sales Practices Act ("CSPA"), R.C. Chapter 1345, by transmitting to his business, PBI, an "unsolicited advertisement" via facsimile ("fax").1 Omerza subsequently filed an amended…