The ECA Marketing class action lawsuit was a Telephone Consumer Protection Act case filed in 2020 by California resident Ryan Odom, who alleged that ECA Marketing, Inc. placed unsolicited prerecorded calls to consumers’ cellphones. It settled for $990,000, received final court approval on December 22, 2021, and is now closed. The claims deadline passed on September 6, 2021, and no new claims can be submitted.1Top Class Actions. ECA Marketing Pre-Recorded Calls Class Action Settlement
What the Case Was About
Odom alleged that ECA Marketing used an automatic telephone dialing system to place a prerecorded call to his cellphone advertising a book and video package called the “Power of Zero Fast Start Kit.”2Consumer Financial Services Law Monitor. Central District of California Denies a Motion to Dismiss Claim for Willful Violation of the TCPA The complaint claimed ECA Marketing had made similar automated calls to other consumers and asserted both negligent and willful violations of the TCPA, which bars companies from using autodialers or prerecorded voices to call cellphones without prior express consent.1Top Class Actions. ECA Marketing Pre-Recorded Calls Class Action Settlement ECA Marketing denied any wrongdoing, and the court made no ruling on the merits.
Who Was Covered
The settlement class included anyone who received one or more automatic or prerecorded calls from ECA Marketing between April 21, 2016, and April 21, 2020. Class members had to submit a claim by September 6, 2021 to receive a payment. That window is now closed.1Top Class Actions. ECA Marketing Pre-Recorded Calls Class Action Settlement
How the $990,000 Was Divided
The court allocated the settlement fund at the final approval hearing:
- $247,500 in attorney fees and costs to class counsel.
- $99,500 in administration costs to CPT Group, Inc., which handled the claims process.
- $2,500 service award to Ryan Odom as class representative.
That left roughly $640,500 for distribution to class members who filed valid claims.3CourtListener. Ryan Odom v. ECA Marketing, Inc. The per-person payout depended on how many claims were submitted by the deadline, and that figure was not publicly disclosed.1Top Class Actions. ECA Marketing Pre-Recorded Calls Class Action Settlement Any residual funds too small for a feasible second distribution were designated to be donated to the Public Law Center.
The Ruling That Shaped the Case
Before the parties settled, the case produced a notable pretrial ruling. ECA Marketing moved to dismiss the willful-violation claim, arguing that Odom had received only a single call and could not meet the higher “willful or knowing” standard under the TCPA. The company conceded the call may have been negligent but disputed the willfulness theory.2Consumer Financial Services Law Monitor. Central District of California Denies a Motion to Dismiss Claim for Willful Violation of the TCPA
On August 20, 2020, U.S. District Judge Jesus G. Bernal denied the motion. The court reasoned that because ECA Marketing used a system capable of generating a high volume of calls, it was plausible that many consumers had received identical automated messages, and that broader pattern could satisfy the willfulness standard even where an individual plaintiff received only one call.3CourtListener. Ryan Odom v. ECA Marketing, Inc. The distinction carried weight because willful TCPA violations expose defendants to damages of up to $1,500 per call, three times the $500 baseline for negligent violations.
Case Status
Judge Bernal granted final approval on December 22, 2021, and the case was terminated the same day. No objections or appeals appear in the court record.3CourtListener. Ryan Odom v. ECA Marketing, Inc. The claims period is long closed, and there is no mechanism for new claims to be submitted. If you believe you received a qualifying call and missed the deadline, this settlement no longer offers a path to recovery.