United States District Court, D. New Jersey
SPARKLE HILL, INC., individually and as the representative of a class of similarly-situated persons, Plaintiff,
Invecor, LLC, doing business as AMB Business Supply, Defendant.
C. SHAH SHEPHERD, FINKELMAN, MILLER & SHAH, LLP PHILLIP
A. BOCK BOCK, HATCH, LEWIS OPPENHEIM, LLC BRIAN J. WANCA
ANDERSON WANCA On behalf of Plaintiff.
H. KING THOMPSON, BECKER & BOTHWELL, DAVE E. KAWALA
CATHERINE BASQUE WEILER SWANSON, MARTIN & BELL, LLP On
behalf of Defendant.
L. HILLMAN, U.S.D.J.
class action for claims concerning “junk” faxes,
presently before the Court is Plaintiff's motion for
summary judgment. For the reasons expressed below,
Plaintiff's motion will be granted as to liability only.
January 24, 2007, Plaintiff, Sparkle Hill, Inc., a dry
cleaning store, received an unsolicited telephone facsimile
on its fax machine from Defendant, Invecor, LLC, d/b/a AMB
Business Supply, which was in the business of selling cash
register and office supplies. The fax was an advertisement
selling paper rolls for cash register and credit card
machines. Defendant had engaged Business to Business
Solutions (“B2B”), which sold fax blasting
services, to send out faxes to advertise its business.
gathered a list of targets from a database purchased from
InfoUSA, and after payment from Defendant and Defendant's
approval of the content of the fax, B2B successfully faxed
34, 668 faxes to 28, 836 different fax numbers. The fax did
not contain the proper out-opt information, and Plaintiff
claims that it, as well as the 28, 835 other recipients, did
not consent to receiving the fax.
filed a putative class action complaint against Defendant for
violations of the Telephone Consumer Protection Act
(“TCPA”), 47 U.S.C. § 227. On February 25,
2016, the Court granted Plaintiff's motion for class
certification, which was unopposed by Defendant. The Court
approved the following class:
All persons with whom Invecor, LLC d/b/a AMB Business Supply
did not have an established business relationship, who were
successfully sent one or more unsolicited faxes during the
period December 10, 2006, through January 24, 2007, stating,
“Credit Card & Cash Register Paper Rolls” or
“Cash Register & Credit Card Receipt Paper
Rolls” and “AMB Business Supply 1161 Rankin Dr
Troy MI 48083 Toll Free: 800-399-4030.”
(Docket No. 134 at 3, Amended Order Granting Class
through a claims administrator, mailed the Court-approved
notice (Docket No. 136) to the class members - i.e., owners
of 28, 836 fax numbers that were sent Defendant's fax.
Plaintiff has now moved for summary judgment in the
class's favor in the amount of $17, 334, 000, which is
$500 in statutory damages for each time Defendant's
unsolicited fax advertisement was successfully sent to a
class member's fax machine. Defendant has opposed
Court has jurisdiction over Plaintiff's federal claim
under 28 U.S.C. § 1331, and supplemental jurisdiction
over Plaintiff's state law claims under 28 U.S.C. §
Standard for Summary Judgment
judgment is appropriate where the Court is satisfied that the
materials in the record, including depositions, documents,
electronically stored information, affidavits or
declarations, stipulations, admissions, or interrogatory
answers, demonstrate that there is no genuine issue as to any
material fact and that the moving party is entitled to a