So I’m still on vacation but wanted to blog this one real quick.
A few weeks ago you’ll recall that repeat-TCPA filer Nathan Barton was hit with an order requiring him to pay $40k in legal costs for seemingly setting up his TCPA lawsuits. Specifically he apparently supplied his phone number to a lead supplier in a bid to receive calls to sue for. He also, however, allegedly ran a website called TCPA University that informed people how to bring their own TCPA case, thus propagating the abusive litigation monster.
Barton sought reconsideration of that ruling, and in an order entered Friday the Court refused to set it aside. And that’s big (and good news.)
Barton argued that he did not really set up TCPA University. Someone else did it for him and without his knowledge.
But the Court was unimpressed.
First, Barton’s argument came to late. it should have been raised a while back, the Court found.
More importantly, however, the Court found Barton’s efforts to distance himself from TCPA University to be “not credible.” Apparently emails showed up in which he was using the website in his footer. He also, apparently, holds a trademark on the name so…
He’s stuck with the penalty.
Speaking of Trademarks, Deserve to Win (TM) will shortly be a trademarked property of the Troutman Firm. And my cool logo too.
Back tomorrow friends.