GORSS MOTELS, INC. v. SAFEMARK SYSTEMS, LP

Nos. 18-12511, 18-15232.

931 F.3d 1094 (2019)

GORSS MOTELS, INC., a Connecticut corporation, individually and as the representative of a class of similarly situated persons, E&G, Inc., a West Virginia corporation, individually and as the representatives of a class of similarly situated persons, Plaintiffs-Appellants, v. SAFEMARK SYSTEMS, LP, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

July 26, 2019.


Attorney(s) appearing for the Case

Ross M. Good , Glenn L. Hara , Ryan Michael Kelly , Jeffrey A. Berman , Anderson Wanca, ROLLING MEADOWS, IL, for Plaintiffs-Appellants.

Joseph L. Francoeur , Wilson Elser Moskowitz Edelman & Dicker, LLP, NEW YORK, NY, Amy Baker , Wilson Elser Moskowitz Edelman & Dicker, LLP, ORLANDO, FL, Melissa Murphy-Petros , Wilson Elser Moskowitz Edelman & Dicker, LLP, CHICAGO, IL, for Defendant-Appellee.

Before WILLIAM PRYOR, NEWSOM, and BRANCH, Circuit Judges.


This consolidated appeal requires us to decide whether, under the Telephone Consumer Protection Act, 47 U.S.C. § 227, a fax recipient provided prior express permission to receive faxes from a sender and, if so, whether the faxes needed to contain opt-out notices under an agency regulation. Gorss Motels, Inc., and...

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