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CITY SELECT AUTO SALES v. DAVID RANDALL ASSOCIATES

Nos. 16-3000 & 17-1851.

885 F.3d 154 (2018)

CITY SELECT AUTO SALES INC., a New Jersey Corporation, Individually and as the Representative of a Class of Similarly Situated Persons, Appellant v. DAVID RANDALL ASSOCIATES, INC.; Raymond Miley, III. v. Caroline Abraham, d/b/a Business to Business Solutions; Joel Abraham, d/b/a Business to Business Solutions.

United States Court of Appeals, Third Circuit.

Filed: March 16, 2018.

Attorney(s) appearing for the Case

Daniel J. Cohen [ARGUED], Todd A. Lewis , Bock Hatch Lewis & Oppenheim, 134 North La Salle Street, Suite 1000, Chicago, IL 60602, Alan C. Milstein , Sherman Silverstein Kohl Rose & Podolsky, 308 Harper Drive, Suite 200, Eastgate Corporate Center, Moorestown, NJ 08057, Counsel for Appellant.

F. Emmett Fitzpatrick, III [ARGUED], Flamm Walton, 794 Penllyn Pike, Suite 100, Blue Bell, PA 19446, Counsel for Appellees.

Before: HARDIMAN, VANASKIE, and SHWARTZ, Circuit Judges.

OPINION

Plaintiff City Select Auto Sales, Inc. received unsolicited fax transmissions advertising the services of Defendant David Randall Associates, Inc. (David Randall). Claiming that those faxes were sent in violation of the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227, City Select sued David...

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