A recent Georgia Court of Appeals decision makes it easier for recipients of junk fax advertisements to form a class and sue the offending business.
A three-judge panel reversed a trial court's decision not to certify as a class 73,500 recipients of unsolicited faxes from a metro Atlanta car wash.
In a unanimous decision, the judges said, "The trial court abused its discretion" in finding that the plaintiffs did not meet the requirements of a class certification. Hammond v. Carnett's, No. A03A2487 (Ct. App. Ga. March 12, 2004).
The decision earlier this month clears the way for a case involving potential fines of up to $110 million. The defendant's attorney, Richard C. Foster of Hicks, Casey & Foster in Marietta, said he will appeal the decision to the Georgia Supreme Court.
Details here from the Fulton County Daily Report via Law.com.