February 28, 2021

Volume XI, Number 59


February 26, 2021

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ENOUGH ALREADY: Court Issues Injunction Preventing Harrassing Robocalls– Deems Defendants’ Promises to Stop “Unconvincing”

You folks remember that story about the guy with the mind-melting website who was (allegedly) using a decades-old computer dialing system to mass blast some local gas station owner with harassing messages because… 2020?

The story ended up being the most read article ever on TCPAWorld.com for some reason after some hackers got ahold of the post and made it go viral because… again… 2020.

In any event, the Court originally refused to enter a preliminary injunction preventing further calls o the gas station owner, determining that it needed more evidence to do so. Well just last week the Court felt satisfied that it had received the necessary additional evidence and has now entered the following injunction:

Morton Sullivan, his agents, employees, and affiliates are enjoined from making calls to Steven and Samantha Buchanan on their cellular telephones using an automatic telephone dialing system and/or a prerecorded voice

So there.

Interestingly, Sullivan promised to knock it off on his own accord but the Court was unimpressed:

In light of Sullivan’s public proclamations that he will continue his efforts, the Court finds the assurances he makes in his affidavit that he will not resume calls in violation of the TCPA unconvincing.

So make a note of that would-be TCPA harassers– don’t brag on your website about your intention to keep harassing folks if you plan to tell a court later that you won’t do it anymore. Might not work.

One other interesting wrinkle, the Court required the Plaintiffs to post a bond in order to have the harassing calls stop. Yep, silence is golden and costly–$50.00 each to be paid to the Court.

We’ll keep an eye on the story since it is obviously a crowd pleaser.

For the curious, the decision is Buchanan v. Sullivan, 8:20-CV-3012021 U.S. Dist. LEXIS 7970 (D. Ne. January 15, 2021).

© Copyright 2020 Squire Patton Boggs (US) LLPNational Law Review, Volume XI, Number 18



About this Author

Eric Troutman Class Action Attorney
Of Counsel

Eric Troutman is one of the country’s prominent class action defense lawyers and is nationally recognized in Telephone Consumer Protection Act (TCPA) litigation and compliance. He has served as lead defense counsel in more than 70 national TCPA class actions and has litigated nearly a thousand individual TCPA cases in his role as national strategic litigation counsel for major banks and finance companies. He also helps industry participants build TCPA-compliant processes, policies, and systems.

Eric has built a national litigation practice based upon deep experience, rigorous...