ANOTHER HUGE TROUTMAN FIRM WIN: TCPA Case Involving Third-Party Texts Dismissed Against Seller of Products Advertised on Website

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If your law firm doesn’t make you feel like this, maybe its time to get a new law firm. 😉

Nothing better than ending the week with a big WIN headed into the weekend.

And that was just the experience the Baroness–man, is she good!–and the Troutman Firm had this past Friday.

In the big ruling the Court was faced with a circumstance where a seller was sued, in essence, merely because his products were advertised on a website. The Complaint alleged that the Plaintiff received unwanted text messages that drove her to a website. Once on a website the Plaintiff saw at least one product that was offered by the Defendant the Plaintiff elected to sue in a putative TCPA class action.

In the Plaintiff’s view the product seller was responsible for the texts because the texts promoted the website that sold the seller’s products. Just one problem though: there were no facts alleged that demonstrated the seller ran the website or otherwise sent texts promoting the third-party site where the products were sold.

The seller retained Troutman Firm, of course, and we were able to earn a quick win for them–knocking the complaint out at the pleadings stage.

This is obviously a great result for our client and I am really excited and pleased to have been able to deliver it. This is a case that should never have been brought in my view. Our client SHOULD have won the case–and did, and quickly.

And that’s how greatness is sustained in the legal world–not by winning a splashy case every once in a while, but by winning the cases you’re supposed to win; quickly, efficiently, and over and over again.

I won’t name the case since the client doesn’t want the publicity–they’re far more humble than the Czar–but its another great win for the firm and I continue to be tremendously impressed with the Baroness.

Queenie and the Baroness– These two are the sharpest I’ve ever had at my disposal. Absolute assassins.

Hope all of you have a great week!

 

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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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