NATHAN BARTON WANTS YOU TO KNOW A FEW THINGS

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So received an email earlier today from Barton. Suggests that a podcast guest said some untrue things about him. Wants me to remove and retract.

Here’s the thing– seems like my guest was telling the truth but, as I said in the podcast, I could not verify what he was saying. So maybe he wasn’t telling the truth. Barton says he wasn’t.

Ok.

So, here you go, the things Barton says were not true:

As you both know, your YouTube video https://www.youtube.com/watch?v=ahz__lMQP60 makes some untrue factual statements about me related to litigation in the Western District of Washington lawsuit 3:21-cv-05610.  The overall tone of the video suggests that I asked for the phone calls.

I would like to point you all to fact #7 on the Court’s docket #378:

Before Starter Home Investing Inc sent the seven text messages to (360) 910-1019 on April 1, 2021, advertising goods or services from Degree Locate, Get Hope To Own, credit-scorefirst.com, yourent2own.com, Lawsuit Winning, Lions Gate Loans, Honest Loans, and Classes & Careers, entities Degree Locate, Get Hope To Own, credit-score-first.com, yourent2own.com, Lawsuit Winning, Lions Gate Loans, Honest Loans, and Classes & Careers, Starter Home Investing Inc. and Xanadu Marketing Inc. did not have the invitation or consent from Barton to do so.

 

Any claim or suggestion that I consented or requested the calls is defamatory and Mr. Delfgauw and the other defendants in this lawsuit have stipulated it isn’t true.

There are a number of other factual allegations in the video used to support the factual claim that I requested the calls that are also demonstrably false.  For example,

Joe does not have my IP address.

Delfgauw cannot credibly claim I opted into his website.  See Dkt. 378 ¶2, ¶4, ¶5, ¶7, ¶17, ¶18, and ¶20.

https://youtu.be/ahz__lMQP60?t=2177

https://youtu.be/ahz__lMQP60?t=2360

https://youtu.be/ahz__lMQP60?t=2385

https://youtu.be/ahz__lMQP60?t=2397

This next bit about the 1pm text message story never happened:.

https://www.youtube.com/watch?v=ahz__lMQP60&t=2474s

 

The phone number in the lawsuit does not match the IP address:

https://youtu.be/ahz__lMQP60?t=2404

                                    

Joe does not have my IP address or my “server session”:

https://youtu.be/ahz__lMQP60?t=2867

 

It is not “literally undeniable”.  The judge is about to deny it based on the stipulated facts.

https://youtu.be/ahz__lMQP60?t=2872

 

I did not say I don’t have a job.

https://youtu.be/ahz__lMQP60?t=2447

 

So there you go. Barton wants you to know all those things and now you do.

Also Barton you are invited to come on my podcast and say everything you want on the subject.

Now back to work. Thank you.

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Published by Eric "Czar" 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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