A WINS A WIN RIGHT?: Daniel Graham Obtains Default Judgment in TCPA Suit Against TalkAsia VoIP, LLC for $7k–but It Could Have Been Worse (Better?)

Add a comment

Texas has seen more than its share of TCPA litigators of late.

Brandon Callier and Mabel Arredondo to name a couple…

But the gentleman’s TCPA litigator in Texas has got to be Daniel Graham.

Yes, he is a litigator and yes he has filed a ton of TCPA cases. But in my experience he at least tries to go after the the bad guy call centers in the lead gen world and leaves the mostly-innocent lead buyers alone.

Pretty classy if you ask me

So when he lands a small but measurable win against an allegedly wayward VOIP provider, I guess I support it.

In Graham v. TalkAsia VOIP, 2024 WL 1654576 (W.D. Tex. April 16, 2024) a court recommended default judgment be entered in favor of Graham for $7k in a TCPA suit involving 14 calls.

Graham had sought $42k in damages on the calls–$1,500.00 each under two different statutes. But the Court actually denied default judgment under the TCPA–it found Graham did not alleged ATDS use and did not seek damages for a 227(c) violation–but it did allow Graham to recover $500.00 per call under the TCPA version of the TCPA (but did not trerble damages).

So $7k in Graham’s pocket. I guess that’s fine. Could have been worse though.. just ask this guy.

So the TCPAWorld turns.

Be sure to grab a copy of our 2024 TCPA Annual Review presented by Contact Center Compliance and stay out of harms way!

SEVENTH DAY OF CZARMAS!: IT’S HERE IT’S HERE IT’S FINALLY HERE!!!!–2024 Troutman Amin, LLP TCPA Review, presented by Contact Center Compliance is AVAILABLE NOW (FREE!)

Chat soon.

Discover more from TCPAWorld

Subscribe to get the latest posts sent to your email.

Categories:

Published by Eric "Czar" Troutman

The Czar of TCPAWorld Eric Troutman is one of the country’s prominent class action defense lawyers and is nationally recognized in Telephone Consumer Protection Act (TCPA) litigation and compliance. He has served as lead defense counsel in more than 70 national TCPA class actions and has litigated nearly a thousand individual TCPA cases in his role as national strategic litigation counsel for major banks and finance companies. He also helps industry participants build TCPA-compliant processes, policies, and systems. Eric has built a national litigation practice based upon deep experience, rigorous analysis and extraordinary responsiveness. Eric and his team feel equally at home litigating multibillion dollar telecommunications class actions in federal court as they do developing and executing national litigation strategies for institutions facing an onslaught of individual TCPA matters. They thrive in each of these roles – delivering consistently excellent results – while never losing sight of the client experience. While many firms now tout TCPA expertise, Eric has been there from the beginning. He built one of the country’s first TCPA-only defense teams and began serving as national TCPA counsel for his clients nearly a decade ago. This perspective allows him to swiftly develop the right litigation strategies for dealing with recurring problems, without wasting time on tactics that are bound to fail. Eric’s rich historical perspective and encyclopedic knowledge of the TCPA landscape also make him an invaluable resource to institutional compliance teams struggling to comply with the shifting regulatory landscape. No task is too small – or too big. Indeed, Eric and his team have helped build TCPA-compliant systems and processes for some of the largest and most complex corporate entities in the country. He commonly works with in-house compliance counsel to build and implement enterprise and business-line specific TCPA solutions, performs TCPA audits and drafts and reviews proposed TCPA policies and procedures. He and his team also have the technical expertise necessary to assist call centers seeking to develop TCPA-resistant call path architecture or to modify existing telephony and software integration to better insulate from potential TCPA exposure. Eric has built a reputation for thought leadership. An avid blogger and speaker, he has been at the forefront of the industry’s effort to push for clarity and a return to sanity for the TCPA for years. He was selected to advocate for the financial services industry on important TCPA issues before the Federal Communications Commission and co-authored the nation’s only comprehensive practice guide on TCPA defense. In his spare time, Eric leads defense teams representing banks and other financial services companies in consumer finance litigation matters. He has experience representing clients in UCC, TILA, RESPA FCRA, CCRA, CLRA, FDCPA, RFDCPA and FCCPA claims, as well as in fraud and bank operations issues.

Leave a Reply