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May 2025 Trial Set in TCPA Case Where Defendant Is Countersuing Plaintiff for Fraud

A 3-4 trial is set to open May 12, 2025, in plaintiff Nelson Estrada’s Telephone Consumer Protection Act class action against Aragon Advertising, said a scheduling order signed Monday (docket 4:23-cv-03407) by U.S. Magistrate Judge Sam Sheldon for Southern Texas…

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in Houston. Estrada alleges Aragon inundated his cellphone with 37 “unauthorized and illegal” solicitation calls to a number listed on the national do not call registry since June 2008. The case gained some notoriety last week when Aragon countersued Estrada for common law fraud (see 2312070040). It alleges Estrada “is a budding professional TCPA litigant who shops lawsuits around different area law firms.” It asserts that Estrada gave his consent to be called when he went on Aragon’s website and gave his contact information under a fake name. The company alleges he then faked interest in Aragon’s goods and services to drive up the call count so he could “extract a higher settlement payout for his manufactured TCPA claim.”