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CULBREATH v. GOLDING ENTS., L.L.C.

No. 2006-1302.

114 Ohio St.3d 357 (2007)

2007-Ohio-4278

CULBREATH, Appellant, v. GOLDING ENTERPRISES, L.L.C.; U.S. FOUR, INC. ET AL., Appellees.

Supreme Court of Ohio.

Decided September 5, 2007.

Attorney(s) appearing for the Case

Ferron & Associates, John W. Ferron, and Lisa A. Wafer, for appellant.

Lavelle, Jurca & Lashuk, L.L.C., Jeffrey J. Jurca, and Beth Anne Lashuk, for appellees U.S. Four, Inc., W.D. Equipment Rental, Inc., John Basinger, and Josh Wellington.

Joseph R. Compoli Jr. and James R. Goodluck, urging reversal for amicus curiae, Telephone Consumer Rights Bar Association of Ohio.

O'CONNOR, J.

{¶ 1} This appeal requires us to determine two issues. First, we decide whether the recipient of an unsolicited facsimile advertisement has a private cause of action under the Telephone Consumer Protection Act ("TCPA"), Section 227(b), Title 47, U.S.Code for violations of Section 68.318(d), Title 47, C.F.R. Second, we address whether the...

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