Telemarketing calls made using regulated technology that are made without prior express written consent violate the TCPA.

Period.

Just as Easyrest Adjustable Sleep Systems.

In Slate v. Healthy Spirit, LLC, dba Easyrest 2025 WL 326985 (D. Md. Jan. 28, 2025) a consumer sued Easyrest contending it made unwanted telemarketing calls to his phone without consent.

Easyrest apparently failed to show up to defend against the lawsuit. As such the Court entered a default judgment against it.

Finding up to 54 calls had been made without consent the Court awarded damages of $1,500.00 per call– a minimum $500.00 trebled to $1,500.00 based on a finding of willfulness– for a total award of over $80k.

The TCPA’s massive damage awards make it a major driver of frivolous litigation– but it also serves as a major deterrent to robocallers looking to clog up the nation’s phone lines.

Whether or not Easyrest was actually guilty here, its failure to show up and defend itself cost it big time.