Not long ago I covered a recent ruling in which two Plaintiffs earned judgments for $6,500.00 per call against a defendant in Texas.

Well today’s case looks at a similar ruling but without the trebling of the TCPA damages, resulting in a mere $5,500.00 per call.

The case is Cacho v. Live Transfer, Inc. 2024 WL 3103324 (W.D. Tex. June 24, 2024.)

Just as in the Bankroll case the Defendant–Live Transfers–did not show up to defend itself. As such the Court could easily enter a painful judgment against it.

Only 9 calls were at issue but with the enhancement under Tex. Bus. & Com. Code § 302.101–providing “[a] seller may not make a telephone solicitation from a location in this state or to a purchaser located in this state unless the seller holds a registration certificate for the business location from which the telephone solicitation is made”–Plaintiff was able to obtain a hefty $5k fine per call.

The TCPA carries a maximum $1,500.00 per call violation for illegal calls, but the judge in Cacho awarded only the minimum of $500.00 per call.

Here were the key allegations:

The calls at issue solicited vision health care coverage and at least one was from the number 407-369-9446. Plaintiff asked the caller not to call back and hung up. Plaintiff then received seven more calls from Defendant, although Plaintiff made at least three “do not call” requests during these phone calls.

Again if you are making calls in Texas you need to keep the registration requirement in mind. Failure to do so may result in hefty penalties–especially if you do not show up in court to defend yourself!