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John Laryv.Trinity Physician Financial & Insurance Services, et al.

CourtUnited States Court of Appeals for the Eleventh Circuit
Docket No.14-11036
DecidedMarch 13, 2015
Reporter780 F.3d 1101
JudgesUnited States Court of Appeals for the Eleventh Circuit; Circuit Judges William Pryor and Jordan, and District Judge Lee H. Rosenthal of the Southern District of Texas sitting by designation; Judge Pryor authored the opinion
Tags
CivilConsumer ProtectionCivil ProcedureStatutory InterpretationPermanent InjunctionDamages
Case Summary

Lary sued Trinity Physician Financial & Insurance Services and Joseph Hong under the Telephone Consumer Protection Act, claiming they sent an unsolicited commercial fax through an automatic dialer to a line designated for medical emergencies at his practice. The defendants withdrew their defenses and left damages to the district court, which awarded Lary $1,000, denied treble damages and a permanent injunction, denied his discovery motions, and did not award costs. The Eleventh Circuit affirmed. It held that a single fax can constitute separate violations when it both reaches an emergency line and sends an unsolicited advertisement, but the error in treating each fax as only one violation was harmless because the complaint pleaded only one fax and the $1,000 award was correct. Lary did not establish willful or knowing violations because he offered no facts suggesting that defendants knew the destination line was reserved for emergencies or that they lacked consent to send the fax. He also showed neither likely future harm nor an inadequate legal remedy for injunctive relief. The discovery motions were untimely, and Lary did not follow the local procedure for taxing costs. The judgment was affirmed.

Opinion

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