STICKY STIPULATIONS: Nathen Barton Snags Big Win in Blood Match With Joe Delfgauw

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As TCPAWorld.com readers know, repeat TCPA litigator Nathen Barton has been caught up in a real blood game with Joe Delfaguw for years now.

Nathen claims Joe’s company is a scamming telemarketer.

Joe claims Nathen is a low life troll who sets up lawsuits.

While Nathen has proceeded throughout without a lawyer, Joe had the assistance of counsel for a while but he might have been better off without her.

HIGH STAKES: Attorney May Face Discipline–Even Disbarment– For Shoddy Work Defending TCPA Suit

Among Joe’s former lawyer’s failures was apparently a failure to review a set of stipulations that were agreed to. These stipulations establish that Barton actually did not consent to the calls at issue– a fact Joe very much disputes but can no longer raise in the case.

The cherry on top of that messy sundae came down Monday when the Court held Barton was entitled to summary judgment on his TCPA DNC claims and his state law CEMA claims because his lack of consent was established by stipulation. The case is Barton v. Delfgauw, 2025 WL 2402131 (W.D. Washington August 18, 2025) and its a real lesson in why choosing the right lawyer matters in these cases.

In the ruling the court concludes Joe’s stipulation that Nathen only consented on a website called educationschoolmatching.com. But the disclosure on that website did not include any of the partners on whose behalf the defendant’s companies texted Nathen. So there was no consent.

Frustratingly–at least for Joe– there is apparently evidence Nathen supplied his number on a bunch of other websites that apparently did cover the parties sending the messages. But because of the woeful sins of his former lawyer Joe is stuck in a “there’s only one consent and it isn’t good enough” situation.

So the case now heads to trial on the sole issue of damages on the TCPA and CEMA claims (there is also an interesting failure to disclose issue that is also going to trial.)

We will keep an eye on all of this.

And you should keep an eye on all the big TCPA developments by requesting a copy of the TOTALLY FREE Troutman Amin, LLP TCPA Annual Review (2025 Ed.), presented by Contact Center Compliance!

Totally free. Just ask!

Chat 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. Do not worry. Joe can sue his attorney for malpractice. But, do take note, this time it was not a #BigLaw lawyer scoring the big loss. Wonder is #BigLaw could have dated any better, or — how much worse #BigLaw could have messed this up

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