Lary v. Trinity Physician Financial & Insurance Services, No. 14-11036 (11th Cir. 2015)
Annotate this CaseIn October 2012, John Lary filed a pro se complaint against Hong and Trinity in which he alleged that they sent him a fax in violation of two provisions of the Telephone Consumer Protection Act. The questions raised by this appeal before the Eleventh Circuit came from a default judgment in favor of Lary that Joseph Hong and Trinity Physician Financial & Insurance Services used an automatic telephone dialing system to send an unsolicited advertisement to Lary’s emergency telephone line in violation of the Telephone Consumer Protection Act, 47 U.S.C. 227: (1) whether a single fax can serve as the basis for two separate violations of the Act; (2) whether the district court erred when it decided that Lary’s complaint was ineligible for treble damages; and (3) whether the district court erred when it denied Lary a permanent injunction, denied his discovery motions, and failed to award Lary costs. Although the district court erred when it limited each fax to a single violation of the Act, the error was harmless. And on every other issue, the district court committed no error.
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