THE CZAR HELPS LAW360 BREAK DOWN 2023 PRIVACY LITIGATION TRENDS: Leads an All-Star Cast Discussing 2023 Privacy Litigation Trends to Watch

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In an amazing article penned by Law360’s preeminent privacy reporter Allison Grande out this week, the publication looked into a crystal ball to predict the biggest privacy litigation trends of 2023–and the top quote went to some guy named Eric J. Troutman of the Troutman Firm.

2023 is going to be the biggest year yet in terms of privacy litigation, and there’s going to be more of these cases than ever before…

So sayeth, the Czar.

The Czar’s thoughts kicked off the broader Analysis by Allison, who turned to resources from other big name law firms alongside Troutman Firm to provide a really robust discussion of the biggest 2023 trends to expect.

On the TCPA front, the focus is on state laws but the huge Wakefield ruling by the Ninth Circuit Court of Appeals has cast significant doubt on whether the TCPA’s aggregated damage provision are constitutional. Will be very interesting to see how that battle plays out in 2023–as commentators agreed.

The consensus for biggest trend of 2023, however, is the explosive growth of CIPA and other web-session recording cases. Allison’s article discusses this phenomenon–spurred on by the Javier decision–and everyone seems to agree this genie isn’t headed back into the bottle anytime soon.

You can read the piece here: https://www.law360.com/articles/1556661/privacy-litigation-to-watch-in-2023

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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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