You folks remember that story about the guy with the mind-melting website who was (allegedly) using a decades-old computer dialing system to mass blast some local gas station owner with harassing messages because… 2020?
The story ended up being the most read article ever on TCPAWorld.com for some reason after some hackers got ahold of the post and made it go viral because… again… 2020.
In any event, the Court originally refused to enter a preliminary injunction preventing further calls o the gas station owner, determining that it needed more evidence to do so. Well just last week the Court felt satisfied that it had received the necessary additional evidence and has now entered the following injunction:
Morton Sullivan, his agents, employees, and affiliates are enjoined from making calls to Steven and Samantha Buchanan on their cellular telephones using an automatic telephone dialing system and/or a prerecorded voice
Interestingly, Sullivan promised to knock it off on his own accord but the Court was unimpressed:
In light of Sullivan’s public proclamations that he will continue his efforts, the Court finds the assurances he makes in his affidavit that he will not resume calls in violation of the TCPA unconvincing.
So make a note of that would-be TCPA harassers– don’t brag on your website about your intention to keep harassing folks if you plan to tell a court later that you won’t do it anymore. Might not work.
One other interesting wrinkle, the Court required the Plaintiffs to post a bond in order to have the harassing calls stop. Yep, silence is golden and costly–$50.00 each to be paid to the Court.
We’ll keep an eye on the story since it is obviously a crowd pleaser.
For the curious, the decision is Buchanan v. Sullivan, 8:20-CV-301, 2021 U.S. Dist. LEXIS 7970 (D. Ne. January 15, 2021).