SCARY WIN: Anton Ewing Nets Over $78k On a TCPA Default Judgment Over Just 13 Calls with a New CIPA/TCPA Theory That’s Pretty Terrifying

5 Comments

“Imagine that”

That’s all his email sent as he forwarded an ecf notification of the default judgment.

Anton Ewing is obviously quite pleased with his handiwork in his latest TCPA/CIPA victory over a defendant who did not show up to defend herself.

And I suppose he should be.

Just 13 calls were at issue here and he recovered a judgment in excess of $78k.

I could have been even worse. Ewing had sought $104,552.00 total, meaning he was after more than $8k per phone call.

Eesh.

So here’s what happened.

Ewing allegedly received 13 unwanted prerecorded calls. On at least one of the calls he pressed 1 and was transferred to the defendant Vonnette Joyner who admitted 360 TAX STRATEGY CORP (the other defendant) recorded all of its calls.

Based on allegations of hearing a bubble popping sound the Court credited Eqing’s allegations prerecorded calls were made and also credited the allegation of Joyney’s admission about recording.

So the Court found Ewing’s TCPA and CIPA claims meritorious and awarded $1,000.00 per call on TCPA violations (500 each for 227(b) and (c)) and interestingly also awarded $5k per call under CIPA.

Imagine that, indeed.

In truth this is the first time I have seen a judgment entered on a CIPA claim in connection with unwanted prerecorded marketing calls. It is a fascinating theory and one more thing for marketers and lead generators to take note of.

Speaking of lead generation, lots going on right now. Hope everyone is paying attention.

MASSIVE CHANGES AFOOT: R.E.A.C.H. Standard V.2.0. to BAN Highest Bidder Rankings/Sales and That’s Not All…

Chat soon.

 

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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.

5 Comments

  2. Geez, Eric getting lazy huh…

    No link to case or even case number!?!?!

    Too busy today to do your work for ya, but based on the limited deets you posted (hint, hint) one might think the fact he has to ‘press 1’ to speak to the agent just might, just maybe, (in a world far, far away!?) indicate a PRM greeting, since live agents don’t say press one, they just transfer based on qualifying Q & A, just sayin’…

    Reply

      1. Thank you Sir.

        Wow, think I’m gonna have to frame this one 😉

  3. This Anton Ewing guy is a piece fo work. A sociopath if you have ever recieved a message from the nutcase. He’s been harrassing people for many years and he’s likely setting himself up for his superbowl and tons of these judgements once the new rules go into effect.

    Reply

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