City Select Auto Sales, Inc. v. David Randall Associates, Inc.

OPINION

SIMANDLE, Chief Judge:

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I. INTRODUCTION

This action is a putative class action brought under the Telephone Consumer Protection Act (“TCPA”), 47 U.S.C. § 227, on behalf of persons who received unsolicited fax advertisements from Defendant David Randall Associates, Inc. (“David Randall”) and its owner Defendant Raymond Miley, III, (hereafter “Defendants”) in the spring of 2006. The TCPA imposes on anyone who sends an unsolicited fax advertisement statutory damages of $500 per fax, which can be trebled if the violation was willful or knowing. 47 U.S.C. § 227(b)(1)(C), (b)(3)(B).