On April 27, 2010, the Illinois Appellate Court, decided the case of Italia Foods, Inc. v. Sun Tours, involving a class action lawsuit under the Telephone Consumer Protection Act (TCPA) (47 U.S.C. §227 (2000)) in which the defendants faxed plaintiffs four unsolicited one-page faxes advertising discounted travel offers. The court’s opinion is noteworthy because it held that (1) Illinois state courts may hear private TCPA claims without enacting enabling legislation, (2) TCPA damages are penal in nature, (3) TCPA claims are not personal injury actions, and 4) TCPA claims are assignable.
Attorney Danya Shakfeh contributed to this post. View her blog at http://www.ShakfehLaw.com.