LOSSES PILING UP: Another Court Holds Cell Phones Are “Residential” Lines And Maybe People Should Stop Arguing Otherwise

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Had Jay Edelson on Deserve to Win Ep. 39 (out in January) for our holiday episode.

He and I have discussed many times the phenomenon of bad lawyers making bad law before the good lawyers can have their chance to make favorable law.

On the plaintiff’s side these guys have a lot more ability to act as a cartel and have some members stand down while other members make good case law in the first instance. Its not as if the Czar can tell every defense lawyer to stop making arguments until I get a chance to make good law first.

Actually why don’t I try.

Dear defense lawyers: please stop arguing that cell phones are not residential lines for DNC purposes. You’re doing it wrong– trust me.

And the results are clear– loss after loss after loss.

Indeed, after McKesson opened up this perfectly viable path EVERY case to look at the issue has held for the Plaintiff. And that’s too bad. We could definitely win this one, but the Plaintiff’s lawyers suddenly get very reasonable when we show up.

Anyhoo the latest ruling is Loudermilk v. Maelys Cosmetics, 2025 WL 3625779 (N.D. GA Dec. 11, 2025). Court holds cell phones are “residential” for DNC purposes because statute protects subscribers and not technology. Yada yada yada.

Not the Christmas gift anyone was hoping for.

Also Troutman Amin, LLP rates rise January 1, 2026. Just yesterday an in-house attorney at a MAJOR brand said: “I want to thank you both for the outstanding advice and representation you and the Troutman Amin team have provided this year. Even though we only began working together recently, it already feels like a long-standing partnership. You have clearly invested the time to understand our business and its complexity, and you have consistently tailored your guidance in a way that is both practical and thoughtful.”

This is what you want in the New Year– why pay more than you have to?

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.

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  1. In a matter in Florida captioned Jackson v Athena Bitcoin (Case No. 4:24-cv-00331-MW-MJF, ND Fl, Tallahassee Div.), the court stated in its’ order, “… this Court accepts the inference that the discrepancy between the two experts’ class lists indicates some members of the class may not have residential phone numbers. (fn.1) Because this creates a genuine dispute of material fact, Plaintiff’s motion for classwide summary judgment as to the TCPA claim is due to be denied.” (ECF 82). Opposing party prevailed at class cert.

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