Last week a jury ruled the restaurant's parent company, Atlanta-based Hooters of America, violated the Telephone Consumer Protection Act by faxing coupon advertisements.

Judge Carl C. Brown Jr. is scheduled to hear arguments from both sides April 17.

The class-action case was instigated six years ago by local attorney Sam Nicholson, who was represented by the Augusta-based firm of Burnside Wall Daniel Ellison & Revell.

Under the Telephone Consumer Protection Act, companies sending unsolicited faxes can be punished with a $500-per-fax fine. A jury determined Hooters' marketing agent, Value-Fax of Augusta, sent six faxes to each plaintiff.

The judge could assess the minimum, $3.96 million, or as much as triple that amount because the jury determined the defendant engaged in ``knowing and willful'' conduct.

The award would be split among the class members, but Mr. Nicholson, as lead plaintiff, and his attorneys could receive additional compensation from the award.

Hooters attorney Mark Wilby, of Augusta-based Fulcher Hagler Reed Hanks & Harper LLP, said he would appeal the case regardless of the award.

The Telephone Consumer Protection Act permits advertisers to be held accountable for telemarketing agents working on their behalf. The law is enforceable by the Federal Communications Commission although attorneys general in each state and individuals also may bring suit under the act.

Reach Eric Williamson at (706) 828-3904.