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IN THE UNITED STATES DISTRICT COURT 

FOR THE WESTERN DISTRICT OF TEXAS 

AUSTIN DIVISION 

STATE OF TEXAS,

Plaintiff 

v. 

LEADGEN SALES AND MARKETING 

LLC and OKIE OLEN MILLER, 

Individually 

Defendants 

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Civil Action No. 1:20-cv-00435-RP 

DEFAULT JUDGMENT AND ORDER FOR PERMANENT 

INJUNCTION AND MONETARY RELIEF

On April 23, 2020, Plaintiff sued Defendants for violations of the Telephone Consumer 

Protection Act, 47 U.S.C. § 227(g) (“TCPA”), the Texas Telemarketing Disclosure and Privacy 

Act, Tex. Bus. & Com. Code § 304.001 et seq. (“Texas No Call Act”), and the Texas Deceptive 

Trade Practices – Consumer Protection Act, Tex. Bus. & Com. Code 17.41 et seq. (“DTPA”). 

Defendants were properly served with a copy of the complaint and summons. Pursuant to 

Fed. R. Civ. P. 55(a), the Court entered a default against Defendants on July 21, 2020. 

Plaintiff has moved for entry of a default judgment on all counts of the Complaint against 

Defendants pursuant to Fed. R. Civ. P. 55 (b)(2). The Plaintiff State of Texas’s Motion for Entry 

of Default Judgment is hereby granted, and IT IS THEREFORE ORDERED, ADJUDGED, 

AND DECREED as follows: 

I. FINDINGS

THE COURT NOW FINDS that: 

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1. This Court has jurisdiction over the subject matter of this case and there is good cause

to believe that it has jurisdiction over all parties hereto.

2. Venue and service of process are proper.

3. This action was initiated by Plaintiff State of Texas under the TCPA, the Texas No Call

Act, and the DTPA. Plaintiff State of Texas seeks permanent injunctive relief and

monetary relief as a result of Defendants’ illegal telemarketing practices. The Plaintiff

State of Texas has the authority pursuant to each of the foregoing statutes to seek the

relief it has requested.

4. Defendants were served with the Complaint and Summons as required by Fed. R. Civ.

P. 4(e) and 4(h).

5. Defendants were personally served with process on April 27, 2020, at their place of

business located at 5700 Memorial Hwy., Ste. 221, Tampa, Florida 33615.

6. Defendants have failed to file an answer to the Complaint within the time set forth in

Fed. R. Civ. P. 12(a), or to otherwise defend this action.

7. Default was entered against Defendants on July 21, 2020. The Plaintiff State of Texas

is therefore entitled to a default judgment pursuant to Fed. R. Civ. P. 55(b).

8. Defendants have done business in Texas.

9. Defendant Miller participates in the day-to-day operations of Defendant Leadgen and

has directly participated in the conduct described in Plaintiff’s Original Complaint or

has acted as the guiding spirit or central figure that has authorized the conduct described

in Plaintiff’s Original Complaint.

10. Defendants are aware of the federal and state telemarketing laws aimed at protecting

the privacy of Texas consumers.

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11. Defendants have placed calls to residential numbers using prerecorded messages.

12. Defendants have placed calls to cell phones in Texas using prerecorded messages.

13. Between Febrnaiy 25, 2020 and April 2, 2020, Defendants made telemai·keting calls to

at least 69,160 Texas consumers who were registered on the Federal No-Call List.

Defendants did not have the consent of such consumers to call such consumers and did

not have an existing or prior business relationship with such consumers.

14. Defendants made telemai·keting calls to Texas consumers who were registered on the

Texas No-Call List. Defendants did not have the consent of such consumers and did

not have an existing or prior business relationship with such consumers.

15. Defendants have committed 69,160 knowing violations of 47 U.S.C. 227(c)(3)(F) and

47 C.F.R. § 64.1200(a)(2) by calling the telephone number of a resident of the State of

Texas whose number was registered on the national do-not-call regist1y.

16. Defendants have committed knowing violations of 47 U.S.C. 227(b)(l)(A)(iii) and 47

C.F.R. 64.1200(a)(l )(iii), 64.1200(a)(2), and 64.1200(a)(3) by making and/or causing

to be initiated unsolicited telephone calls to Texas consumers' cell phones and 

residential land lines using an a1tificial or prerecorded voice. 

17. Defendants have committed knowing violations of Tex. Bus. & Com. Code § 304.052

by placing a telemarketing call to the telephone number of a person in Texas whose

number was properly registered on the Texas do-not-call registry.

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19. Defendants have committed violations Tex. Bus. & Com. Code § 17.46(b)(2) by

creating confusion as to the source of the health plans it purpo1ted to offer.

20. Defendants have committed violations Tex. Bus. & Com. Code § 17.46(b)(5) by

representing that the health plans it purported to offer had sponsorship, approval,

characteristics, uses, or benefits that they did not have.

21. It is proper in this case to issue a pe1manent injunction prohibiting Defendants from

making telemarketing calls in violation of the TCPA, the Texas No Call Act, and the

DTPA, as detailed in Section III below.

22. It is further proper in this case to enter a monetaiy judgment against Defendants for

statuto1y damages pursuant to the TCPA in the amount of $3,458,000.

23. It is proper in this case to award Plaintiff its reasonable attorneys' fees and comt costs

in the amount of$31,926.00.

24. Enny of this Order is in the public interest.

II. DEFINITIONS

IT IS FURTHER ORDERED that as used in Section III of this Order, the following 

definitions shall apply: 

1. "Federal No-Call List" means the database of telephone numbers of persons who have

registered with the Federal Government as requesting not to receive telemai·keting

calls.

2. "Texas Area Code" means any cmTent or future area code that covers a geographic

region in the State of Texas, including the following ai·ea codes:

210 

214 

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254 

281 

325 

361 

409 

430 

432 

469 

512 

682 

713 

737 

806 

817 

830 

832 

903 

915 

936 

940 

956 

972 

979 

3. A “Texas Consumer” means any person whose telephone number includes a Texas

Area Code.

4. “Texas No-Call List” means the database of telephone numbers of consumers in the

State of Texas who registered with the Public Utility Commission (or its agent)

pursuant to section 304.051 of the Texas No Call Act as requesting not to receive

telemarketing calls.

5. “Texas Telephone Number” means any telephone number containing a Texas Area

Code.

III. INJUNCTION

IT IS FURTHER ORDERED that Defendants and their officers, agents, servants, 

employees, and attorneys, and those persons in active concert or participation with them who 

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receive actual notice of th.is ORDER by personal service or othe1wise, are hereby restrained and 

enjoined from: 

1. Placing any telephone call or causing to be initiated any telephone call to Texas

consumers' cell phones or residential telephone lines using an artificial or prerecorded

v01ce;

2. Placing any telephone call or causing any telephone call to be placed to any Texas

Telephone Number that has been placed on the Federal No-Call List or the Texas NoCall List;

3. Placing any telephone call to a Texas Consumer unless Defendants, immediately after

making contact with the consumer, identifies (i) himself or herself by name; (ii) the

business on whose behalf the telephone solicitor is calling; and (iii) the pmpose of the

call;

4. Misrepresenting, directly or indirectly, that Defendants have any affiliation or

connection with the Federal Government;

5. Misrepresenting the characteristics, uses, or benefits of any health insmance plan; and

6. Causing confusion or misunderstanding as to the somce of any health insmance plan.

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IV. MONETARY RELIEF

IT IS FURTHER ORDERED that: 

1. Judgment is hereby entered against Defendants, jointly and severally, in the amount of

THREE MILLION FOUR HUNDRED FIFTY-EIGHT THOUSAND DOLLARS

AND NO CENTS ($3,458,000.00) as statutory damages pursuant to the TCPA.

2. Judgment is further entered against Defendants, jointly and severally, in the amount of

THIRTY-ONE THOUSAND NINE HUNDRED TWENTY-SIX DOLLARS AND

NO CENTS ($31,926.00) as Plaintiff's reasonable attorneys' fees and court costs.

3. The amounts set fo11h in the preceding Paragraphs IV (1) and (2) of this Order shall

become immediately due and payable by Defendants upon entry of this order, and

interest computed at the rate prescribed under 28 U.S.C. 1961, as amended, shall

immediately begin to accrne on the unpaid balance.

4. The penalties owed by Defendant are payable to and for the benefit of a governmental

lmit and they are not compensation for actual pecmi.iary loss.

IT IS FURTHER ORDERED that this Com1 shall retain jlu-isdiction over this matter for 

all purposes. 

IT IS SO ORDERED, this 4th day of November 2020. 

ROBERT PITMAN

UNITED STATES DISTRICT JUDGE 

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