Posts tagged "Travel"

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NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.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;   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 […]


Posted by Massachusetts Legal Resources - August 22, 2014 at 5:21 pm

Categories: News   Tags: , , , , , , , ,

Memorial Day Travel: No Construction, Free Coffee Served

The Massachusetts Department of Transportation has released a list of its accommodations for drivers on one of the heaviest traffic weekends of the year. Here’s what driver’s can expect this Memorial Day Weekend, provided by MassDOT: Construction work on major roadways will be suspended between Friday, May 24 at noon and the start of business Tuesday, May 28. Free coffee will be served at 18 MassDOT service plazas between 10 p.m. Memorial Day, Monday, May 27 and 5 a.m. Tuesday, May 28. MBTA buses will operate on a Sunday schedule on Memorial Day, Monday, May 27. MassDOT recommends avoiding driving during peak traffic times, which are between 1 p.m. and 7 p.m. Thursday, Friday and Monday. A specific note on where traffic is heaviest, from MassDOT: “Traffic is especially heavy at the I-84 interchange at Exit 9 in Sturbridge on the Friday of Memorial Day weekend and at Exit 11A, I-495, which handles cars headed south to Cape Cod and north to New Hampshire and Maine. In 2012, the Friday before Memorial Day was the 13th busiest day on the Turnpike in terms of toll transactions with approximately 350,000 logged between I-95 and the New York Border.” SOUTH END PATCH: Facebook | Twitter | E-mail Updates South End Patch


Posted by Massachusetts Legal Resources - May 23, 2013 at 4:13 pm

Categories: Arrests   Tags: , , , , ,

Massachusetts Travel Ban Remains in Effect

A statewide travel ban remained in effect Saturday morning, as a serious winter storm continued to drop snow on the Boston area and other parts of Massachusetts. In a call to NECN, Gov. Deval Patrick said conditions were improving slowly but that because the storm was still ongoing the travel ban would remain in effect. Patrick said he was still concerned about public safety and that he would reassess the situation “around midday.” The governor said he had not heard of any serious injuries because of the storm. The statewide travel ban, an executive order that took effect at 4 p.m. Friday, affects nearly all non-emergency vehicles across the commonwealth. Some exclusions include health professionals, public works employees, utility workers and members of the media. Anyone found violating the travel ban unnecessarily could face fines up to $ 500 or possibly even jail time, Massachusetts Emergency Management Agency Director Kurt Schwartz said at a Friday press conference. Hear the governor’s call in to NECN at A snow emergency remains in effect for the city of Boston. Click here to see a complete list of South End streets that are banned for parking during the emergency. For updates and other information about the Feb. 8-9 winter storm, see South End Patch’s storm center. SOUTH END PATCH: Facebook | Twitter | E-mail Updates South End Patch


Posted by Massachusetts Legal Resources - February 10, 2013 at 12:15 am

Categories: Arrests   Tags: , , ,

What Do You Think About Gov. Patrick’s Travel Ban?

All non-emergency drivers were ordered off the roads on Friday when Gov. Deval Patrick issued an executive order banning travel during the blizzard. As of Saturday morning, the travel ban is still in effect. Patrick’s executive order is being praised by some and bashed by others, reported The Boston Globe. While former Massachusetts Gov. Michael Dukakis, who was in charge of the commonwealth during the Blizzard of ’78, praised the governor’s move, others called the order “tyrannical” and say the strict ban and hefty fines were too much, according to The Globe. Those caught violating the ban would face up to a year in jail and a $ 500 fine. What do you think? Do you agree with the governor’s decision or do you think the travel ban was too strict? Let us know in the comment section. South End Patch


Posted by Massachusetts Legal Resources - February 9, 2013 at 4:14 pm

Categories: Arrests   Tags: , , , ,