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NICHOLSON v. HOOTERS OF AUGUSTA, INC.

No. 96-9149.

136 F.3d 1287 (1998)

Sam NICHOLSON, and All Other Persons or Entities Similarly Situated, Plaintiffs-Appellants, v. HOOTERS OF AUGUSTA, INC., Defendant-Cross-Claimant-Third-Party Plaintiff-Appellee, Bambi K. Clark d.b.a. Value-Fax of Augusta, Defendant-Cross-Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

March 10, 1998.

Attorney(s) appearing for the Case

Harry D. Revell, Burnside, Wall, Daniel, Ellison & Revell, Augusta, GA, for Plaintiffs-Appellants.

Henry E. Scrudder, Jr., William W. Horlock, Jr., Goldner, Sommers, Scrudder & Bass, Atlanta, GA, for Hooters of Augusta, Inc.

Before DUBINA, Circuit Judge, and HILL and GIBSON, Senior Circuit Judges.

GIBSON, Senior Circuit Judge:

Sam Nicholson appeals the district court's dismissal of his action against Hooters of Augusta, Inc. for failure to state a claim. Nicholson alleged that Hooters violated the Telephone Consumer Protection Act, 47 U.S.C. § 227 (1994), by sending unsolicited advertisements to Nicholson's facsimile machine. Nicholson contends the court erred in concluding that the Telephone Consumer Protection Act covers only interstate, and not intrastate...

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