I love clickbait titles. I mean, how can you NOT read an article about one of the major political parties writing a check to a lady for $60k for illegal robotexts. Its good stuff.
As I covered earlier this year, the Democratic National Convention ridiculously allowed a default judgment be entered against it in a robotext case just the day before the Republican National Committee defeated nearly an identical case in a different court. You really cannot make this stuff. Also, I feel like there’s some sort of political observation to be made here but, I just can’t put my finger on it. (Its like one of those caption contests, amiright?)
So the TCPA judgment against the Democrats was in the amount of $60k, plus interest.
Now, here is where things get (even more) interesting.
The DNC came forward and wrote the lady a check for $60,146.26 (I’d love to see a picture of that check, BTW–if anyone has one.)
The Democrats believed the $146.26 was sufficient to cover any interest owed. But the Plaintiff–named URSULA LENHARDT– disagreed.
Given skyrocketing inflation, Ursula claimed that the Democrats should pay her interest at a hefty 21.32% interest rate. Which, is a number she–apparently–just made up since the Court could find no basis for the request.
On the other hand the Court found that the correct interest rate to apply was .41%–which is precisely 52 times lower. (Although the Court did not solve this in its ruling, it looks like the Plaintiff took the annual interest rate-which is to be determined based upon applicable treasury payouts the week before a judgment is entered and mistook that for a weekly interest rate, which it is not.)
So whereas the Plaintiff requested over $7,000.00 in interest, the Court determined that the Democrats had correctly computed interest at a much lower rate and the $146.26 covered it.
My favorite part is that the Plaintiff–hungry for every penny–argued that the Democrats still shorted her because they paid her interest up until the day the check was sent but she did not receive it until the next day. So–she argued–she was owed an extra 67 cents.
And the good judge actually paused to consider that argument, advising that a judgment debtor owes interest only until a check is sent. Not until it is received.
I am hoping Plaintiff appeals only the last argument. I’d love to see a federal circuit court of appeals ruling decided over 2/3 of a buck.
File this one under: only in TCPAWorld.