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Hammond v. Carnett's Inc.

The trial court abused its discretion in finding that the plaintiff failed to satisfy the numerosity, commonality, typicality and superiority requirements for class certification in her action brought under the Telephone Consumer Protection Act.

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Carnett’s, Inc., operates car washes in the Atlanta area. It hired Sunbelt Communications and Marketing, LLC, to send advertisements to 73,500 facsimile machines in the Atlanta area. One of those advertisements was sent to a facsimile machine in Michelle Hammond’s home. On September 20, 2002, Hammond filed a class action lawsuit against Carnett’s for violating the Telephone Consumer Protection Act TCPA,1 which prohibits the sending of unsolicited advertisements to facsimile machines. Carnett’s answered the lawsuit and filed a third-party complaint against Sunbelt. Hammond then moved for class certification, identifying the class as persons throughout Georgia who own facsimile machines and who received a facsimile transmission of Carnett’s advertisement, but who had not expressly permitted Carnett’s or Sunbelt to add them to their database of facsimile machine owners wanting to be sent advertisements.

The trial court denied Hammond’s motion for class certification, but issued her a certificate of immediate review. This court granted Hammond’s application for interlocutory appeal, and Hammond timely filed her notice of appeal from the trial court order denying class certification.

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