CE Design Ltd. v. Speedway Crane, LLC

(Court opinion corrected 7/30/15.) Plaintiff, an engineering consulting firm, purchased advertising program for two editions of Blue Book of Building and Construction. Defendant, a crane rental company advertised its services in Blue Book, and sent a one-page fax to Plaintiff advertising its services during period when both parties advertised in Blue Book. Plaintiff filed class action alleging violation of Telephone Consumer Protection Act (TCPA). Court properly granted summary judgment for Defendant, finding that Plaintiff had given prior express permission to receive faxed ads when it invited contact from businesses in commercial construciton industry by advertising its fax number in Blue Book. Court properly found that Plaintiff had an established business relationship with community of Blue Book. By the time Defendant sent Plaintiff the fax, there had been several two-way communications between the parties. (FITZGERALD SMITH and ELLIS, concurring.)