Western Michigan Federal Courts
Posts Categorized Administrative/Regulatory
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Summary Judgment Denied in Lawsuit Over Unsolicited Fax Advertisements
June 27, 2012The Telephone Consumer Protection Act (the "TCPA"), 47 U.S.C. § 227, took center stage in a recent opinion by the U.S. District Court for the Western District of Michigan in Van Sweeden Jewelers, Inc. v. 101 VT, Inc., Case No. 1:10-cv-253 (Hon. Janet T. Neff, presiding). The TCPA prohibits the use of "any telephone facsimile machine, computer, or other device to send, to a telephone facsimile machine, an unsolicited advertisement" and provides for statutory damages of $500 per violation or the actual monetary loss from the violation, whichever is greater, to a TCPA plaintiff. 47 U.S.C. § 227(b)(1)(C) and (b)(3).
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