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A Win's A Win Right?: Daniel Graham Obtains Default Judgment in TCPA Suit Against TalkAsia VoIP, LLC for $7k–but It Could Have Been Worse (Better?)
Thursday, April 18, 2024

Texas has seen more than its share of TCPA litigators of late.

Brandon Callier and Mabel Arredondo to name a couple…

But the gentleman’s TCPA litigator in Texas has got to be Daniel Graham.

Yes, he is a litigator and yes he has filed a ton of TCPA cases. But in my experience he at least tries to go after the the bad guy call centers in the lead gen world and leaves the mostly-innocent lead buyers alone.

Pretty classy if you ask me

So when he lands a small but measurable win against an allegedly wayward VOIP provider, I guess I support it.

In Graham v. TalkAsia VOIP, 2024 WL 1654576 (W.D. Tex. April 16, 2024) a court recommended default judgment be entered in favor of Graham for $7k in a TCPA suit involving 14 calls.

Graham had sought $42k in damages on the calls–$1,500.00 each under two different statutes. But the Court actually denied default judgment under the TCPA–it found Graham did not alleged ATDS use and did not seek damages for a 227(c) violation–but it did allow Graham to recover $500.00 per call under the TCPA version of the TCPA (but did not trerble damages).

So $7k in Graham’s pocket. I guess that’s fine. Could have been worse though.. just ask this guy.

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