Legal Opinion

McGarry v. Cingular Wireless, LLC

Court of Appeals of Georgia

Decided March 24, 2004No. A03A2575PublishedCited by 24 opinions

1Opinion of the Court

Adams, Judge.

Jennifer McGarry appeals from the trial court’s denial of her motion for class certification in the lawsuit she filed against Cingular Wireless, LLC, alleging violations of the Telephone Consumer Protection Act of 1991 (“TCPA”), 47 USC § 227. McGarry sought to certify a class of individuals who had received unsolicited facsimiles advertising Cingular’s cellular telephone services.

Cingular is a limited liability company headquartered in Atlanta. McGarry is a Cingular customer residing in Palm Beach County, Florida. Under a “Semi-Non-Exclusive Authorized Distributorship Agreement,”…

2Cases cited5 opinions

  1. Eisen v. Carlisle & JacquelinSupreme Court of the United States · 1974
  2. Jones v. Douglas CountySupreme Court of Georgia · 1992
  3. Unum Life Insurance Co. of America v. CrutchfieldCourt of Appeals of Georgia · 2002
  4. Duffy v. Landings Ass'n, Inc.Court of Appeals of Georgia · 2002
  5. Suttle v. Northside Realty Associates, Inc.Court of Appeals of Georgia · 1984

3Cited by24 opinions

  1. Carnett's, Inc. v. HammondSupreme Court of Georgia · 2005
  2. Georgia-Pacific Consumer Products, Lp v. RatnerSupreme Court of Georgia · 2014
  3. Village Auto Ins. Co., Inc. v. RushCourt of Appeals of Georgia · 2007
  4. RITE AID OF GEORGIA, INC. v. PeacockCourt of Appeals of Georgia · 2012
  5. Perez v. ATLANTA CHECK CASHERS, INC.Court of Appeals of Georgia · 2010

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