“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.