TCPA

By: WISCONSIN LAW JOURNAL STAFF//April 3, 2023//

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7^th Circuit Court of Appeals

Case Name: Craftwood II, Inc. v. Generac Power Systems, Inc.

Case No.: 21-2858

Officials: Rovner, Hamilton, and Scudder, Circuit Judges.

Focus: TCPA

In this “junk fax” lawsuit under the Telephone Consumer Protection Act of 1991 (TCPA), which has landed before us for a second time, two hardware companies sued a hardware store supplier for sending three facsimile advertisements that the hardware stores alleged the supplier sent in violation of the TCPA, 47 U.S.C.A. § 227. The district court concluded that the hardware stores consented to receipt of the faxed advertisements and granted summary judgment to the defendant supplier.

Because there is a dispute of fact as to consent, the Seventh Circuit remands to the district court for further proceedings.

Reversed and remanded

Decided 03/30/23

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