A pending case by the Georgia Court of Appeals concerning the state’s first class action on junk faxes will be closely watched elsewhere in the country.

The court is the first state appellate court to give “thoughtful consideration” to when citizens can sue in state courts over junk faxes, says Frank M. Lowrey IV, an associate with Atlanta’s Bondurant, Mixson & Elmore who is defending Hooters restaurant, the target of a $12 million class suit over its faxed lunch coupons.

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