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McGARRY v. CINGULAR WIRELESS, LLC

No. A03A2575.

599 S.E.2d 34 (2004)

267 Ga.App. 23

McGARRY v. CINGULAR WIRELESS, LLC.

Court of Appeals of Georgia.

Reconsideration Denied April 13, 2004.

Attorney(s) appearing for the Case

Holzer, Holzer & Cannon, Corey D. Holzer, Michael I. Fistel, Jr., Christi A. Cannon, Atlanta, for appellant.

Kilpatrick Stockton, Stephen M. Schaetzel, James F. Bogan III, Olivia M. Baratta, Curtis A. Garrett, Jr., Atlanta, for appellee.

Roy E. Barnes, Marc B. Hershovitz, Michael K. Jablonski, Weissman, Nowack, Curry & Wilco, Ned Blumenthal, amici curiae.

ADAMS, Judge.

Jennifer McGarry appeals from the trial court's denial of her motion for class certification in the lawsuit she filed against Cingular Wireless, LLC, alleging violations of the Telephone Consumer Protection Act of 1991, ("TCPA") 47 USC § 227. McGarry sought to certify a class of individuals who had received unsolicited facsimiles advertising Cingular's cellular telephone services.

Cingular is a limited liability company headquartered in...

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