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BLITZ v. AGEAN, INC.

No. COA12-1133.

743 S.E.2d 247 (2013)

Jonathan BLITZ, on behalf of himself and all others similarly situated, Plaintiff v. AGEAN, INC., Defendant.

Court of Appeals of North Carolina.

June 4, 2013.

Attorney(s) appearing for the Case

DeWitt Law Group, PLLC, Carrboro, by N. Gregory DeWitt and Bock & Hatch, LLC, by Phillip A. Bock , pro hac vice, for plaintiff-appellant.

Brown, Crump, Vanore & Tierney, L.L.P., Raleigh, by R. Scott Brown and W. John Cathcart, Jr. , for defendant-appellee.

CALABRIA, Judge.

Jonathan Blitz ("plaintiff"), recipient of unsolicited fax advertisements, brought an action against a restaurant operator that contracted with an advertising business to send faxes, alleging violation of the Telephone Consumer Protection Act ("TCPA"). Plaintiff appeals from an order denying his motion for class certification. We affirm.

I. Background

Agean, Inc. ("defendant") owned two restaurants in Durham, Papa's Grill...

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