Lack Of Injury Dooms $4.2M Junk Fax Ruling, 7th Circ. Hears

Law360, Chicago (May 22, 2012, 4:36 PM EDT) -- An estate planning attorney accused of sending unsolicited advertisements to a class of fax recipients told the Seventh Circuit on Tuesday that the $4.2 million judgment against him should be reversed, saying the plaintiffs needed to show an actual injury.

But the defendant's attorney, Steven D. Pearson of Meckler Bulger Tilson Marick & Pearson LLP, faced some pointed questions over his interpretation of the Telephone Consumer Protection Act — under which the suit was brought — with U.S. Circuit Judge Frank H. Easterbrook repeatedly asking him...
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