United States Court of Appeals For the Seventh Circuit No. 21-1358 GORSS MOTELS, INC., Plaintiff-Appellant,

v.

BRIGADOON FITNESS, INC. and BRIGADOON FINANCIAL, INC., Defendants-Appellees.

Appeal from the United States District Court for the Northern District of Indiana, Fort Wayne Division. No. 1:16-cv-00330 — Holly A. Brady, Judge.

ARGUED SEPTEMBER 24, 2021 — DECIDED MARCH 24, 2022

Before EASTERBROOK, ROVNER, and KIRSCH, Circuit Judges. ROVNER, Circuit Judge. Gorss Motels, Inc. brought an action under the Telephone Consumer Protection Act (“Act”) seeking statutory penalties for itself and on behalf of a class of recipi- ents of purportedly unsolicited facsimile advertisements sent by the defendants. The district court declined to certify the 2 No. 21-1358 original class or a modified version, finding in each instance that common issues did not predominate. Gorss then pro- ceeded to summary judgment on its own claim and prevailed.