Kaufman & Forman, P.C.
Call to arrange a consultation
678-957-7769 | 770-390-9200
Contact Us
practice areas

Junk fax case before Georgia Supreme Court

In a case of spam mail gone awry, Atlanta based American Home Services finds itself back in business litigation proceedings over 'junk faxes." After hiring a company located in Texas to fax advertisements to businesses throughout the Metro Atlanta area, American Home Services found themselves in the first round of business litigation proceedings after A Fast Sign Co. filed suit against them for unsolicited faxes. Sending these types of faxes goes against a federal consumer law forbidding the faxing of unsolicited advertisements. Fulton County courts ruled that the unsolicited faxes were in violation of federal consumer laws and ordered a $1,500 judgment for all 306,000 junk fax recipients, which totaled $459 million.

The case went on to the Court of Appeals which overturned the initial $459 million judgment stating that the issue should be the number of faxes received over the number sent. Recently, the case moved from there to the Georgia Supreme Court, who is reviewing the Court of Appeals decision and hearing new arguments in the case. A Fast Sign Co. is seeking the reinstatement of the original $459 million judgment stating that the mere sending of unsolicited faxes causes damages and should be considered a violation of the law. American Home Services attorneys counter by suggesting that the mere act of sending a fax does not evoke damages if it is never received on the other end. The Georgia Supreme Court's decision will likely not be reached until later in the year.

Business litigation proceedings such as this can be time consuming and costly with court costs involved. Some people may question whether or not the issue of junk faxes warrants such lengthy and costly trials, because for many businesses, junk faxes are as common as spam emails. The Federal Communications Commission (FCC) does regulate junk faxes, and has implemented the Junk Fax Prevention Act which took effect in 2005 establishing guidelines for fax advertising. Businesses in Atlanta, Georgia, who wish to advertise via fax may benefit from learning about the FCC's rules and regulations on fax advertising.

Source: Atlanta Journal Constitution, "Company asks court to reinstate $459 million judgment," Bill Rankin, May 7, 2012

No Comments

Leave a comment
Comment Information

Contact Kaufman & Forman, P.C. Now

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

get Legal Help Now

Kaufman & Forman, P.C.
8215 Roswell Road, Building 800
Atlanta, GA 30350

Toll Free: 800-461-5864
Phone: 678-957-7769
Fax: 770-395-6720
Atlanta Law Office Map

Review Us

Robert Kaufman has been selected as a 2013 Top Rated Lawyer in ‘Commercial Litigation’ as will be published in the May issue of The American Lawyer & Corporate Counsel magazine.Alex Kaufman has been selected as a 2013 Top Rated Lawyer in ‘Commercial Litigation’ as will be published in the December issue of The American Lawyer & Corporate Counsel magazine.

*AV Preeminent and BV Distinguished are certification marks of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell is the facilitator of a peer review rating process. Ratings reflect the confidential opinions of members of the bar and the judiciary. Martindale-Hubbell ratings fall into two categories: legal ability and general ethical standards.