May Business Entity Sue Sender of ‘Junk Fax’ Under Ohio Consumer Sales Practices Act?
Stanlee E. Culbreath v. Golding Enterprises, LLC, et al., Case no. 2006-1302 10th District Court of Appeals (Franklin County) ISSUES: • Does the federal Telephone Consumer Practices Act authorize an individual who receives an unauthorized ‘junk’ fax advertisement to recover statutory damages from the sender not only for sending the fax, but also for each additional failure of the content of the fax to meet the statutory requirements that faxes must bear the identity and fax number of the sending party and the date and time of the transmission? • Does the sending of an unauthorized fax to a fax machine owned by a business entity entitle either the business entity or an individual employee of that business who received the fax to recover statutory damages from the sender under the Ohio Consumer Sales Practices Act? BACKGROUND: This case involves a promotional fax sent by employees of Dockside Dolls, a Columbus “gentleman’s club” to a number of Central Ohio businesses including selected l
