[author: Eric Troutman]
Wild one for you in a TCPA suit against Charter.
“This case has been litigated to a remarkable degree for a single-plaintiff Telephone Consumer Protection Act (“TCPA”) case.”
So stated Plaintiff in her motion for summary judgment filed back in 2023.
But the case started much earlier than that.
Way back in December, 2020 Plaintiff filed suit against what was then Spectrum alleging receipt of an unstated number of unwanted telemarketing calls.
Looks like there are about 30 calls at issue here. So dripping wet the case is worth $45k. And the Plaintiff probably would have settled for half of that or less (I’d imagine).
The suit was NOT filed as a class action. Yet it continues to be litigated nearly five years later.
So Charter has probably spent half a million bucks (ish) on a suit that could have been settled for $25k(ish.)
But I suspect Charter knows what its doing– its trying to make some good case law down in Alabama.
Yes there is less than $50k involved in this suit. But this is TCPAWorld. And there is always someone watching.
If Charter just litigated an individual TCPA suit for five years just to lose on an issue of vicarious liability that will follow it around in other (presumably class action) lawsuits for it would be a disaster.
Then again if Charter crushes this case and lands a big win that could help shield it for years to come.
This appears to be a strategic play by Charter to test its vicarious liability defenses. I like it– but only if it wins.
I digress.
It is the 196th ECF entry on the docket that brings us together today.
In Johnson v. Charter Communications, Inc. 2025 WL 2427195 (N.D. Ala. Aug. 20, 2025) the court entered default judgment against Tranche Technologies, Inc., the company that actually allegedly made the calls without consent (allegedly on behalf of Charter.)
If you’re wondering why it took nearly five years to enter a default against a party, there’s an interesting story there too.
Apparently Tranche originally failed to answer and had a default entered back in 2021. Then it obtained counsel (briefly) who got the default lifted. But then it failed to respond to discovery or communicate with its lawyer. So the lawyer left back in 2023.
So now it is late 2025 (where did the year go?) and Tranche apparently has participated in the litigation or responded to discovery despite court orders that it do so.
What’s a court to do?
Enter default against Tranche.
And that’s just what the court did.
Now interestingly the Court is not entering a final judgment in the case because: “Johnson asserts that Defendant Charter Communications, Inc. is vicariously liable for Tranche’s violations of the TCPA, this Court holds in abeyance any final order as to Tranche until such time as a final judgment is entered as to Charter’s liability.”
So it will be interesting to see where this lands.
Again if Charter loses here it will be a dark dark day at the castle. But if it wins, then the princess is saved, or whatever.
Will keep an eye on it.
More big news soon as well.
Chat soon.
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