CREATIVE MONTESSORI v. ASHFORD GEAR

No. 11-8020.

662 F.3d 913 (2011)

CREATIVE MONTESSORI LEARNING CENTERS, on its own behalf and that of a class, Plaintiff-Respondent, v. ASHFORD GEAR LLC, Defendant-Petitioner.

United States Court of Appeals, Seventh Circuit.

Decided November 22, 2011.


Attorney(s) appearing for the Case

Michael L. Resis , Eric L. Samore , Attorneys, SmithAmundsen, LLC, Chicago, IL, for Petitioner.

Brian J. Wanca , Attorney, Anderson & Wanca, Rolling Meadows, IL, for Respondent.

Before EASTERBROOK, Chief Judge, and CUDAHY and POSNER, Circuit Judges.


POSNER, Circuit Judge.

The defendant has asked us for permission to appeal from the district judge's certification of a class in a suit under the Telephone Consumer Protection Act (as amended by the Junk Fax Prevention Act of 2005), 47 U.S.C. § 227. See Fed. R.Civ.P. 23(f). The Act imposes, on anyone who sends an unsolicited fax advertisement, statutory damages of $500 per fax, which can be trebled if the court finds that the violation was willful or knowing...

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