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Hi TCPAWorld!
Pro se plaintiff Brandon Callier secured a $23,405 default judgment in the Western District of Texas against Cloud City Commercial Capital and its owner, Rodney Salazar. Callier v. Cloud City Com. Cap., LLC, No. EP-25-CV-00408-KC, 2026 WL 2547165 (W.D. Tex. Aug. 10, 2026).
In a Report and Recommendation issued on August 10, 2026, Magistrate Judge Anne T. Berton has shown how a defaulted TCPA case can result in massive exposure for a company and its corporate officers.
The complaint alleges that Callier registered his personal cell phone on the National DNC Registry in 2007. Between July 26, 2025, and August 29, 2025, Cloud City allegedly called Callier four times to offer consumer loans. Callier claimed two of those calls came before 9:00 AM and one call occurred nine days after he emailed a DNC request to the company. Callier sued Cloud City and its sole officer, Rodney Salazar, for violations of the TCPA and the Texas Business and Commerce Code.
The defendants failed to answer the summons or complaint, so the clerk entered a default. Callier subsequently moved for default judgment seeking $46,555 in total damages.
The court granted the motion in part.
The judge found Callier sufficiently pleaded that his cell phone was used for residential purposes….thus satisfying the requirements for a TCPA DNC claim under 47 U.S.C. § 227(c)(5). Because Callier alleged four calls and demonstrated the final call was knowing and willful, having occurred after his emailed DNC request, the court awarded $3,000 in TCPA statutory damages.
The court also found liability under Section 302.101 of the Texas Business and Commerce Code, which prohibits telephone solicitations in Texas without a state registration certificate. Because Cloud City lacked this certificate, the court awarded a $20,000 penalty, representing $5,000 for each of the four calls.
Callier did not receive his full requested amount, as the court denied his request for separate damages under Texas Business and Commerce Code Section 305.053, applying the rule against double recovery since those calls were already compensated under the TCPA.
The court also denied damages under Texas Business and Commerce Code Section 301.051(b), which prohibits calling before 9:00 AM because the private right of action for that specific section limits recovery to amounts actually paid to the seller for goods or services, and Callier never paid Cloud City any money.
Additionally, Callier successfully held Rodney Salazar jointly and severally liable for the judgment under the personal participation liability theory. The court noted that a corporate officer can be held personally liable for TCPA violations if they had direct, personal participation in or authorized the illegal conduct. Because Callier pled that Salazar was the sole officer who directed the solicitors, approved the call scripts, and controlled the operation, Salazar was held responsible for the entire judgment alongside his company.
With an additional $405 awarded for filing fee costs, the total recommended judgment reached $23,405.
So here’s your warning…ignoring a TCPA lawsuit is a dangerous strategy, especially when personal liability is a possibility.
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