Court of Appeals of North Carolina June 2, 2009, COA08-686 (Blitz v. Agean, Inc.)

McGEE, Judge.

Defendant operates two restaurants in Durham, North Carolina: Papa’s Grill and Front Street Cafe. Defendant obtained a list of approximately 900 business fax numbers (the list) from InfoUSA, a list broker, in the spring of 2004. Defendant then contracted with Concord Technologies, Inc.