MASSIVE DAMAGE: Texas Litigator Tatum Lands $221k Default Judgment Under State Mini-TCPA And It is Only Going to Get Worse

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My goodness things are about to get grim in Texas.

If you missed it, the Texas state legislature just expanded telemarketing protections and made it far easier to file lawsuits against companies calling consumers in the state.

EVERYTHING IS BIGGER IN TEXAS: SB140 PASSED–TEXAS’ NEW MINI-TCPA TAKES EFFECT SEPTEMBER 1, 2025!: Bringing New Private Right of Action, Broader Telephone Solicitation Definition & Right to Repeat Claims

And with violations of the state law costing $5,000.00 per violation this is a VERY serious issue people need to pay attention to.

Troutman Amin, LLP did a CRITICAL compliance alert about the new changes.

COMPLIANCE ALERT!: Troutman Amin, LLP Issues One-Sheeter Compliance Alert Respecting New Texas Telemarketing Law

It also did an AMAZING webinar breaking down the changes that is available on its YouTube channel (@deservetowin.)

You need to watch this if you make calls into Texas!!!!

And a new decision out of Tyler, Texas yesterday shows just how dangerous the law is.

In Tatum vs. New York Tribeca Group, 2025 WL 1864961 (E.D. Tex. July 7, 2025) the district court awarded Tatum $221,000.00 in damages on just 34 alleged illegal calls.

34 calls– $221,000.00 in damages!!!

And this was AFTER the magistrate judge awarded him only $17k, holding that double recoveries were not available (the district court disagreed.)

As to the TCPA component the court found that damages should be trebeled for willful misconduct. So it awarded $1,500.00 x 34= $51,00.00 in damages.

But the Texas state law is where the real money hits.

At issue is Texas’ state registration requirement. A marketer failing to register in the state is liable for up to $5,000.00 per call made into the state– a STUNNING AND INSANE amount of money.

And it was that provision that caught NYTG here.

The Court found each of the 34 calls was made without the required registration and awarded $170k in damages on the claim.

So a total of $221,000 in damages here folks.

Cannot emphasize enough how important it is to get registered and have GREAT counsel that can help you in Texas. These claims are deadly serious and flooding in.

Troutman Amin, LLP can help you in Texas– and across the nation– with TCPA and state TCPA advice. So don’t be shy about reaching out.

And, of course, if you want the latest and greatest information on Texas, TCPA, data privacy and AI you NEED to be at the Law Conference of Champions next week!

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.

1 Comment

  1. Why do you call the amount insane? Obviously, the Texas Legislature is tired of illegal telemarketing calls; as, too, is the United States Congress. Ignorance of the law is not a defense, and I highly doubt the telemarketer did not know that they were breaking the law. In simplest words: If you do not want to pay the dime, then do not do the crime!

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