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HOOTERS OF AUGUSTA, INC. v. NICHOLSON

No. A00A0429.

537 S.E.2d 468 (2000)

245 Ga. App. 363

HOOTERS OF AUGUSTA, INC. v. NICHOLSON et al.

Court of Appeals of Georgia.

Reconsideration Denied July 27, 2000.

Certiorari Denied January 19, 2001.

Attorney(s) appearing for the Case

Fulcher, Hagler, Reed, Hanks & Harper, Mark C. Wilby, Elizabeth McLeod, Augusta, Bondurant, Mixson & Elmore, Emmet J. Bondurant, Frank M. Lowrey IV, Atlanta, for appellant.

Burnside, Wall, Daniel, Ellison & Revell, Harry D. Revell, Augusta, for appellees.

Thurbert E. Baker, Attorney General, Robert S. Bomar, Deputy Attorney General, Harold D. Melton, Senior Assistant Attorney General, Stacey Ferris-Smith, Assistant Attorney General, amici curiae.

ELLINGTON, Judge.

Sam Nicholson filed a class action against Bambi Clark d/b/a Value-Fax of Augusta and Hooters of Augusta, Inc., alleging that Hooters used Clark to send unsolicited advertisements to facsimile machines in violation of the federal Telephone Consumer Protection Act ("TCPA"), 47 USC § 227. The class action complaint sought injunctive relief and statutory damages for each violation. The trial court certified the class. The trial court denied Hooters...

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