TRINDADE v. Reach Media Group LLC
5:12-cv-04759
N.D. Cal.Jul 18, 2014Background
- Trindade filed a TCPA class-action complaint alleging unsolicited text messages to his cell and class members.
- RMG admitted it used third-party publishers to generate text-message leads and owned two alleged websites.
- RMG denied it directly made calls and later pursued third-party indemnity claims which were largely dismissed.
- Default was entered against RMG on January 27, 2014; Trindade moved for default judgment on his individual claim.
- Court granted default judgment, computing damages under TCPA provisions, with trebling discussed but not reflected in the final amount.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether default judgment is warranted under the Eitel factors | Trindade should receive relief due to meritorious TCPA claim and lack of response | N/A | Eitel factors favor granting default judgment |
| Whether RMG violated TCPA provisions 47 U.S.C. § 227(b)(1)(A)(iii) | Calls/texts were made using an ATDS without consent | RMG did not itself make the calls; consent and agency issues contested | Yes, plaintiff states a valid TCPA claim based on ATDS usage and calls to cellular numbers |
| Damages calculation under TCPA § 227(b)(3)(B)-(C) and trebling | Damages of $500 per violation, treble for willful/ Knowing conduct, totaling $1,500 | Not explicitly stated due to default; no challenge raised | Default judgment awarded $1,500; trebling discussed but amount awarded remains $1,500 |
| Whether a damages hearing is necessary | Damages are liquid and readily calculable from pleadings | N/A | No hearing needed; damages are readily calculable on the record |
Key Cases Cited
- Eitel v. McCool, 782 F.2d 1470 (9th Cir. 1986) (standard for granting default judgment balancing factors)
- Satterfield v. Simon & Schuster, Inc., 569 F.3d 946 (9th Cir. 2009) (texts constitute 'calls' under TCPA; agency principles may attach)
- Davis v. Fendler, 650 F.2d 1154 (9th Cir. 1981) (supports evaluating facts on default and damages on record)
- Aldabe v. Aldabe, 616 F.2d 1089 (9th Cir. 1980) (discretionary nature of default judgment)