There were 3,242,493 calls placed in violation of the TCPA in this case. At $500 per violation, the TCPA would require a damages award of $1,621,246,500. This is obviously unreasonable and wholly disproportionate to the offense. The Court will award $32,424,930. This amounts to $10.00 per call.The defense had asked the judge to reduce their liability to just 10 cents per call, a judgment of $324,000. But clearly, Judge Webber wasn't reducing the damages that low — have these lawyers never been forced to sit through an episode of Huckabee?
This reflects the severity of the offense, a six-day telemarketing campaign which placed 3.2 million telephone calls, as well as respecting the purposes of the TCPA to have a deterrent effect and to account for unquantifiable losses including the invasions of privacy, unwanted interruptions and disruptions at home, and the wasted time spent answering unwanted solicitation calls or unwanted voice messages. This amount also takes into account the significant time and expense needed to notify the class and distribute the damages to the class.
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