HAZEL'S CUP & SAUCER, LLC v. AROUND THE GLOBE TRAVEL, INC.

No. 13-P-1371.

86 Mass. App. Ct. 164 (2014)

HAZEL'S CUP & SAUCER, LLC v. AROUND THE GLOBE TRAVEL, INC.

Appeals Court of Massachusetts, Suffolk.

August 22, 2014.


Attorney(s) appearing for the Case

Tod A. Lewis , of Illinois, for the plaintiff.

Present: RUBIN, WOLOHOJIAN, & MALDONADO, JJ.


RUBIN, J.

The Federal Telephone Consumer Protection Act of 1991 (TCPA) forbids the use of "any telephone facsimile machine, computer, or other device to send, to a telephone facsimile machine an unsolicited advertisement." 47 U.S.C. § 227(b)(1)(C) (2006). The TCPA creates a private right of action for recipients of unsolicited advertisements received by facsimile (fax), entitling them to collect from the sender the greater of actual damages or $500. Treble damages...

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