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PALM BEACH GOLF CENTER-BOCA, INC. v. SARRIS

No. 13-14013.

771 F.3d 1274 (2014)

PALM BEACH GOLF CENTER-BOCA, INC., a Florida corporation, individually and on behalf of all others similarly situated, Plaintiff-Appellant, v. John G. SARRIS, D.D.S., P.A., a Florida corporation, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

October 30, 2014.

Attorney(s) appearing for the Case

Phillip Andrew Bock , Daniel J. Cohen , Bock & Hatch, LLC, Chicago, IL, Ryan Michael Kelly , David Max Oppenheim , Brian J. Wanca , Anderson Wanca , Rolling Meadows, IL, Gregory S. Weiss , Cohen Milstein Sellers & Toll, PLLC Palm Beach, Gardens, FL, for Plaintiff-Appellant.

Kevin David Franz , William Stuart Reese , Lane Reese Summers Ennis & Perdomo, PA, Coral Gables, FL, Michael Resis , Molly Arranz , Eric Samore , Smithamundsen, LLC, Chicago, IL, for Defendant-Appellee.

Before MARTIN, Circuit Judge, and EATON, Judge, and HINKLE, District Judge.

EATON, Judge:

On December 13, 2005, Plaintiff Palm Beach Golf Center-Boca, Inc. received an unsolicited one-page fax advertisement, promoting dental services provided by Defendant John G. Sarris, D.D.S., P.A., a Florida dental practice. Thereafter, Palm Beach Golf brought a class action suit against Sarris, D.D.S., claiming that the fax advertisement violated the Telephone Consumer Protection Act of 1991 ("TCPA"), 47 U.S.C. § 227(b)(3) (2006), and gave rise to...

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