BOTH SIDES: Czar Joins NPR’s Planet Money Podcast to Discuss Manufactured Lawsuits

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So yesterday I did a quick story about all the BIASED journalism out there on robocalls. Essentially the narrative–which you’ve all heard–is that greedy businesses just blast people with calls without consent.

Most of the time that is far from the truth. Callers–at least legitimate companies– virtually always have consent when they place calls, and most have carefully crafted TCPA compliance policies.

The proliferation of robocalls is largely due to actions of offshore scammers, and–unfortunately–bad actors in the lead generation space (which my friends at R.E.A.C.H. are going to put a stop to.)

In this environment, however, the media is quick to make folk heroes out of TCPA litigators that they envision as robin hood style actors that steal from those who are harassing American consumers. What they miss, of course, is that the companies aught up in these cases are usually (largely) innocent and that many (most?) of these cases are completely manufactured by individuals who actually REQUEST the calls at issue, or otherwise engineer a lawsuit.

The good folks at NPR tried to get both sides of the story for their new planet money podcast, and while there’s still a bit of a slant here at least they brought in the Czar to discuss the issue a bit.

Check it out if you have time:

https://www.npr.org/2022/12/07/1141358550/spam-call-bounty-hunter-telemarketing

And yes, I am everywhere all at once. 😉

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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.

2 Comments

  1. But, but, but … Nathaniel Barton’s kids were opting in on various random sites so they could get calls and manufacture lawsuits, because there’s no such thing as a telemarketer breaking the law, right Troutman?

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  2. Since Troutman knows that there are a lot of bad actors in the lead generation space, then why would Troutman just blame the consumer for “opting in” for the call?

    Reply

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