Hazel’s Cup and Saucer, LLC v. Around the Globe Travel, Inc. (Lawyers Weekly No. 11-100-14)
NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports. If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us 13-P-1371 Appeals Court HAZEL’S CUP & SAUCER, LLC vs. AROUND THE GLOBE TRAVEL, INC. No. 13-P-1371. Suffolk. May 8, 2014. – August 22, 2014. Present: Rubin, Wolohojian, & Maldonado, JJ. Consumer Protection. Practice, Civil, Class action. Telephone. Advertising. Civil action commenced in the Superior Court Department on March 8, 2010. A motion for class certification was heard by Frances A. McIntyre, J., and entry of judgment was ordered by her. Tod A. Lewis, of Illinois, for the plaintiff. RUBIN, J. The Federal Telephone Consumer Protection Act of 1991 (TCPA) forbids the use of “any telephone facsimile machine, computer, or other device to send, to a telephone facsimile machine an unsolicited advertisement.” 47 U.S.C. § 227(b)(1)(C) (2006). The TCPA creates a private right of action for recipients of unsolicited advertisements received by facsimile (fax), entitling them to collect from the sender the greater of actual damages or $ 500. Treble damages are available in the case of knowing or wilful violations. Florida travel agency Around The Globe Travel, Inc. (Around The Globe) hired New York fax broadcaster Business to Business Solutions (B2B) to assist it with advertising a Super Bowl party on a cruise ship. Using a list of fax machine telephone numbers purchased from a third party, B2B sent 2,325 faxes to 1,640 different Massachusetts business fax numbers on August 2 and 3, 2006. One of the recipients was the plaintiff, Hazel’s Cup & Saucer, LLC (Hazel’s). Hazel’s brought this case as a putative class action in the Superior Court against the defendant Around The Globe.[1] The submissions of Hazel’s to the lower court describe some of the difficult and costly procedures undertaken by Hazel’s, its counsel, and its expert witness in order to find both Around The Globe and B2B, and to identify the recipients of the advertisement at issue. The motion judge denied a motion for class certification under Mass.R.Civ.P. 23, as amended, 452 Mass. 1401 (2008).[2] With respect to the four factors listed in rule 23(a) — numerosity, commonality, typicality, and adequacy of representation — the judge found the requirements of the TCPA easily met. As for the factors outlined in rule 23(b) — predominance of common questions of law and fact over issues affecting only individual members, and superiority of class action over other methods of adjudication — the judge […]
Drive-Ins and Outdoor Films Around Boston
Planning to catch up on movies this summer? Whether you're relaxing in an air-conditioned theater, watching an outdoor summer movie series in the park, or going the old-fashioned route and pulling up at a drive-in — here's a list of free outdoor South End Patch News
Find Fireworks for Fourth of July in 2013 Around Boston
Are you a fireworks fanatic? If so, you have scores of opportunities to see the color and noise over several days this Fourth of July season. Here's a map of fireworks displays all over eastern Massachusetts, southern New Hampshire and Rhode Island.
Witness: ‘All of a Sudden Everyone Turned Around and Was Running in the Opposite Direction’
UMass Boston student Mary Bickford, 21, from Abington describes the scene on Boylston Street just after the explosions rocked the end of the Boston Marathon course. South End Patch
Survival Guide to Getting Around on Marathon Monday
From which T stops are closed, to parking, to the race schedule and map of the finish line, we’ve got you covered. TRACKING RUNNERS Register for the marathon’s AT&T Athlete Alert by texting RUNNER to 345678. On race day, you will receive an alert when the runner passes the 10K, half-marathon and 30K marks and at the finish line. RACE DAY SCHEDULE 9:00 a.m. Mobility Impaired Participants Start 9:17 a.m. Push-Rim Wheelchair Division Start 9:22 a.m. Handcycle Participants Start 9:32 a.m. Elite Women’s Start 10:00 a.m. Elite Men’s Start & Wave One 10:20 a.m Wave Two 10:40 a.m. Wave Three 5:00 p.m. Awards Ceremony THE MBTA Blue, Orange, Red and Green line service will operate on its regular weekday schedule with extra service before and after the marathon. Copley Station will be closed all day. Hynes Convention Center or Arlington Stations will be open. Commuter rail trains will operate on its regular weekday schedule. All buses and trackless trolleys will operate on a Saturday schedule. Route 55 – Queensbury/Copley Station ~ Entire service terminated until completion of Marathon. The Green Line’s Woodland Station along Route 16 in Newton will be closed to car traffic between 9 a.m. and 3 p.m. The station will remain open for customer use. Customer Service Van will be on Boylston Street at the rear of Hynes Station selling prepaid $ 5:00 Charlie Cards. On Marathon Monday, buses will be rerouted at certain times during the day to prevent disruption of the race. Click here for route schedules. ROAD CLOSURES Fri, April 12 – Tue, April 16 Dartmouth Street, St. James Avenue to Boylston Street Sat, April 12 – Tue, April 16 Boylston Street, Clarendon Street to Exeter Street (intermittent closings) Sat, April 13 to Sun, April 14 St. James Avenue, Arlington Street to Clarendon Street (intermittent closings) Sun, April 14, 8 a.m – 9 a.m. Tremont Street, Park Street, Beacon Street, Arlington Street, Commonwealth Avenue (inbound side), Berkeley Street, Clarendon Street, Hereford Street will be closed intermittently for the BAA5K Run Sun, April 14, 7:30 a.m. – 11 a.m. Boylston Street, Dartmouth Street, Newbury Street and Exeter Street will be closed intermittently for the BAA Invitational Mile Sun, April 14, 9:30 a.m. – 7 p.m. Berkeley Street, from Columbus Avenue to Newbury Street Mon, April 15 – BostonStreets around Copley Square will close at 6 AM, streets inside Massachusetts Avenue will close at 9:30 AM and streets outside of Massachusetts Avenue will close at 10 AM. Beacon Street From Chestnut Hill Avenue to […]