Chapman v. Wagener Equities, Inc.

Ct. of Appeals denied defendant’s petition for leave to appeal Dist. Ct.’s order certifying class action in lawsuit alleging that defendant violated Telephone Consumer Protection Act by sending to class members unsolicited fax advertisements. Record showed that aggregate statutory damages for class members could range from $5 million to $15 million, and defendant failed to indicate its net worth so as to support any claim that review is required now because certification order would force it to settle merit-less action. Ct. further rejected defendant’s contention that certification was improper because only fax owners had standing to sue under Act, and plaintiffs failed to present any evidence that class members actually owned fax machines.