Craftwood II, Inc. v. General Power Systems, Inc.

Federal 7th Circuit Court
Civil Court
Telephone Consumer Protection Act
Citation
Case Number: 
No. 18-2883
Decision Date: 
April 1, 2019
Federal District: 
N.D. Ill., E. Div.
Holding: 
Vacated and remanded

Dist. Ct. erred in dismissing for lack of standing/lack of jurisdiction plaintiffs’ action under Telephone Consumer Protection Act, alleging that defendants sent plaintiffs unsolicited fax advertisements. Plaintiffs' complaint sufficiently alleged viable injury, where plaintiffs asserted that instant fax ads wasted their paper and ink, as well as their time. Also, defendants could not point to potential affirmative defense that they had preexisting business relationship with plaintiffs to resolve instant matter on its merits at pleading stage of proceeding. Ct. further rejected defendants’ proposition that unless plaintiffs could prove injury from violation of law, their lawsuit must be dismissed for lack of case or controversy, since any failure by plaintiffs to establish case on merits did not divest Dist. Ct. of jurisdiction over instant case.