A Fast Sign Company, Inc. d/b/a Fastsigns v. American Home Services, Inc., No. S11G1708, 2012 WL 5381254 (Ga. Nov. 5, 2012) In 2002 and 2003, Defendant, a siding, window and gutter installation company, contracted with a third party to send a total of 318 unsolicited advertisements to various fax machines in the Atlanta, Georgia area. A class action complaint was filed, after which time a bench trial was held and a $459 Million verdict was entered. The Georgia Court of Appeals vacated the verdict, concluding that the trial court erroneously based liability and damages on the number of ...
Private party litigants can seek the following relief under the TCPA: (1) Injunctive relief; (2) Actual damages or $500 for each violation of the Act (whichever is greater); or (3) Both Injunctive relief and damages (47 U.S.C. § 227(b)(3)). Courts also have the discretion to treble damage awards if a violation of the Act is "willful and knowing," i.e., each $500 violation could be increased to $1,500 in the court's discretion. What constitutes a "willful and knowing" violation of the TCPA depends on the court in which the action is filed. Specifically, some courts hold that a defendant ...