[author: Jenniffer Cabrera]
In his latest win, Mark Dobronski filed suit against George Magana Younghorse, doing business as Signzdirect, claiming 19 unsolicited fax advertisements violated both the Telephone Consumer Protection Act (TCPA) and Michigan’s Facsimile Machines Act (MFMA). Dobronski sought $38,000 in damages. Dobronski v. Younghorse, No. 24-cv-11482, 2025 WL 2437496 (E.D. Mich. Aug. 25, 2025). After being properly served, Younghorse never responded.
Same script, different cast. I’ve said it before, and I will say it again. The easiest way to hand a plaintiff a win? Don’t show up.
In reviewing the facts, the court found not only that Younghorse acted willfully, but that Dobronski was entitled to more than he asked for. Instead of $38,000, the court calculated the damages at $57,000 under the TCPA alone.
Here’s how the Court got there: It awarded $9,500 for the 19 faxes sent without consent and trebled that amount for willfulness, bringing it to $28,500. Then it did the same for the 19 faxes that lacked the required opt-out language bringing this violation to another $9,500, trebled to $28,500. Altogether for a grand total of $57,000 for violating the TCPA—and for ignoring the lawsuit altogether. Ugh.
The Court adopted the Sixth Circuit’s reasoning in Charvat, which draws a distinction between cases where a plaintiff may recover damages per call and those—like this one—where damages are awarded on a per-violation basis. Charvat v. NMP, LLC, 656 F.3d 440, 448-49 (6th Cir. 2011).
As for the MFMA claim, Dobronski also sought another $9,500, but Michigan law requires proof that the sender was given written notice that consent was withdrawn. Since the record does not reflect when Dobronski sent the letter to Younghorse, he has seven days to produce evidence establishing when he sent the letter that he did not consent to the advertisement.
It’s already a dangerous TCPA world but when defendants ignore these risks hoping that they are just going to go away, they are in for a $urprise. Especially with a veteran like Dobronski on the other side.
Til next time, Countess!!!
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