The Georgia Court of Appeals has tossed a $459 million junk fax verdict on Wednesday, finding that the trial judge erred in concluding that the defendant sent 306,000 unsolicited fax advertisements because plaintiffs did not prove the faxes had been received.
Wow, $459 million for faxes? Juries are crazy. Well, actually, this was a bench trial but let’s not ruin the tort reformers narrative. I’m sure all the tort reform folks will pretend that (1) a jury decided this, (2) this was a tort action, and (3) there is a chance this is a collectible verdict against a siding, window, and gutter installation company that was in business between 2002 to 2004.
But, look, I think these junk faxes lawsuits are a little ridiculous myself. The idea of plaintiffs – or frankly their lawyers – getting money because they got a junk fax just seems ridiculous to me. I realize there is an economic burden associated with junk faxes and these claims might not be as petty in the macro picture as their are in the micro-picture. But on some human level, it is a fax, it is a cold call, let’s not get so worked up about nothing.
You can read the full opinion here.