Palm Beach Golf Center-Boca, Inc. v. John G. Sarris, D.D.S., P.A., No. 13-14013 (11th Cir. 2014)Annotate this Case
Plaintiff filed suit against defendant, a Florida dental practice, under the Telephone Consumer Protection Act of 1991 (TCPA), 47 U.S.C. 227(b)(3) and common law conversion, after receiving an unsolicited one-page fax advertisement from defendant. On interlocutory appeal, the district court entered a final judgment for defendant. The court concluded that this case is justiciable and that plaintiff has Article III standing; on the merits, because In re DISH Network, LLC did not address the TCPA's junk-fax-ban provision, the district court's reliance on it, to hold that a plaintiff must establish vicarious liability in order to recover under the statute when a third party sends unsolicited fax advertisements on behalf of the advertiser, was misplaced; because the FCC's construction of the statute is a reasonable interpretation of Congressional intent under the TCPA and does not conflict with the statute's underlying legislative history, the court must defer to the Agency's construction of the statute; in this case, the record contains sufficient evidence for a jury to find that the fax at issue was sent on behalf of defendant; and therefore, the court reversed the district court's judgment on the TCPA claim and remanded for further proceedings. The court also concluded that the district court erred in granting summary judgment to defendant on the conversion claim. The court reversed and remanded as to that claim.
The court issued a subsequent related opinion or order on March 9, 2015.