QUICK BRAG AS I RECOVER FROM THE PALOOZA: Court in NY Says Hunstein Doesn’t survive Ramirez and I Told You So

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I love being right all the time. (Like all the time.)

So the day Ramirez was decided I wrote this:

Ramirez absolutely torches the standing analysis applied by the Eleventh Circuit–so Hunstein is definitely going away now.

Proof.

Well a Court in New York addressed the issue just as directly on Friday holding:

“The Supreme Court’s decision in TransUnion casts significant doubt on the continued viability of Hunstein.” This is so because of FN6, which “appears dispositive of the mailing vendor theory.”

That was easy. And rather obvious.

So Hunstein is dead and I was right. You can all go back to your Sundays now.

Case here: In re Letter Vendor cases_Dismissal

I’ll have a post-mortem up on the HUGE palooza later this week. Bottom line: it was likely the best conference ever thrown. Certainly the best compliance-related conference.

BTW–bunch of REALLY important TCPA cases out last week (a popular predictive dialer’s source code is likely to be handed over to the plaintiff’s bar, a defendant almost got itself sanctioned for “unprofessional conduct,” and the Fifth Amendment is now critically important in civil TCPA suits.)

Will have coverage on all three for you tomorrow because I hate blogging on Sundays. 🙂

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Published by Eric J. Troutman

The Czar of TCPAWorld Eric Troutman is one of the country’s prominent class action defense lawyers and is nationally recognized in Telephone Consumer Protection Act (TCPA) litigation and compliance. He has served as lead defense counsel in more than 70 national TCPA class actions and has litigated nearly a thousand individual TCPA cases in his role as national strategic litigation counsel for major banks and finance companies. He also helps industry participants build TCPA-compliant processes, policies, and systems. Eric has built a national litigation practice based upon deep experience, rigorous analysis and extraordinary responsiveness. Eric and his team feel equally at home litigating multibillion dollar telecommunications class actions in federal court as they do developing and executing national litigation strategies for institutions facing an onslaught of individual TCPA matters. They thrive in each of these roles – delivering consistently excellent results – while never losing sight of the client experience. While many firms now tout TCPA expertise, Eric has been there from the beginning. He built one of the country’s first TCPA-only defense teams and began serving as national TCPA counsel for his clients nearly a decade ago. This perspective allows him to swiftly develop the right litigation strategies for dealing with recurring problems, without wasting time on tactics that are bound to fail. Eric’s rich historical perspective and encyclopedic knowledge of the TCPA landscape also make him an invaluable resource to institutional compliance teams struggling to comply with the shifting regulatory landscape. No task is too small – or too big. Indeed, Eric and his team have helped build TCPA-compliant systems and processes for some of the largest and most complex corporate entities in the country. He commonly works with in-house compliance counsel to build and implement enterprise and business-line specific TCPA solutions, performs TCPA audits and drafts and reviews proposed TCPA policies and procedures. He and his team also have the technical expertise necessary to assist call centers seeking to develop TCPA-resistant call path architecture or to modify existing telephony and software integration to better insulate from potential TCPA exposure. Eric has built a reputation for thought leadership. An avid blogger and speaker, he has been at the forefront of the industry’s effort to push for clarity and a return to sanity for the TCPA for years. He was selected to advocate for the financial services industry on important TCPA issues before the Federal Communications Commission and co-authored the nation’s only comprehensive practice guide on TCPA defense. In his spare time, Eric leads defense teams representing banks and other financial services companies in consumer finance litigation matters. He has experience representing clients in UCC, TILA, RESPA FCRA, CCRA, CLRA, FDCPA, RFDCPA and FCCPA claims, as well as in fraud and bank operations issues.

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