NCLC RESPONDS TO R.E.A.C.H. PETITION: Takes Extreme Position–Rock and Roll

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So NCLC has scrambled to put together their opposition to R.E.A.C.H.’s emergency petition to stay the one-to-one rule.

Their position– Trump can’t stay agency rulings without a separate notice and comment period.

We’ll see about that.

Appreciate the hard work they put in though.

Opposition here: NCLC against Stay

More soon.

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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.

1 Comment

  1. To me the answer is simple. Have the TCPA verbiage written at a 3rd grade level. Big block letters. Something along the lines of “once you check the box you are subjecting yourself to a lot of phone calls”. It is that simple. Because this article is correct in that the TCPA does confuse consumers. But really, it confuses attorneys, judges and more. How do we expect a consumer to understand what they’re consenting to. It’s buried in small print with hyperlinks. It is like making a sexy cigarette box and tucking the cancer warning in small print inside the box.
    The court is debating what “express consent” is. Do you think a consumer that checks that box realizes what “express consent” is? And more.
    It should all be thrown out. It’s a poorly worded law. Too open for interpretation. And it has not worked as the real goal – preventing consumer scams – is an all time high. The bad guys don’t respect it. And within months (if not already)won’t respect one to one. Dumb it all down – if you click this, you are going to get a lot of calls. Period. Don’t click it if you don’t want to.

    Reply

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