TCPA Plaintiff Seeks Leave to Amend Complaint With First Named Defendant

Plaintiff Daniel Graham seeks leave to file a second amended Telephone Consumer Protection Act complaint to add VoIP provider TalkAsia as his first named defendant, said his motion Wednesday (docket 1:23-cv-00254) in U.S. District Court for Western Texas in Austin. In a period spanning at least five months through August, Graham alleges he received more than a dozen unsolicited calls to his cellphone from the phone number 254-268-7594. His previous two complaints named 25 fictitious John Does as defendants because the originator of the calls was unknown. After serving a subpoena on telecommunications services provider Onvoy, he learned the number was registered to TalkAsia, said his motion for leave. “As no party has appeared in this cause,” Graham assumes his motion for leave is “effectively unopposed,” it said.