· 3/3/2008
Centerline Equipment Corp. v. Banner Personnel Service, Inc.
Citations
- 545 F. Supp. 2d 768
- 2008 U.S. Dist. LEXIS 15946
- 2008 WL 597604
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that it was “premature at [the motion to dismiss] stage to consider whether any hypothetical award might be constitutionally excessive”
- concluding that the third Robinson factor had been met where plaintiff alleged that defendant had sent “mass broadcast[s] of faxes, and ha[d] sent such faxes to at least forty people in Illinois”
- noting that “a class claim could be more substantial, and class treatment is regularly afforded in cases where no individual plaintiff has suffered any great loss”
- finding that the sending of unconsented to faxes can constitute substantial harm
- rejecting argument that complaint’s alleged damages were implausibly pled, because courts routinely allow “conversion claims where there are no damages at all”
- where conduct is oppressive if it “imposes a lack of meaningful choice or an unreasonable burden on its target” holding that sending unwanted fax “deprives consumer of choice [because] they cannot avoid such faxes”
Source: CourtListener parenthetical corpus (CC0).
Judges: Rebecca R. Pallmeyer
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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