“IF HE DIES HE DIES”: My Christmas Gift to All Of You– David Tom Showing Everyone Why People hate TCPA Litigators

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So its Christmas Eve and I figured I’d toss TCPAWorld a tasty little gift.

Litigator David Tom joined the Deserve to Win Podcast a couple weeks back and just threw bombs everywhere.

DROP: Deserve to Win Podcast (Ep. 38) with Repeat Litigator David Tom– NOW AVAILABLE!

Put together this short little clip (its like 90 seconds long) of him saying he is happy to put a small business out of business if it bought a bad lead.

Definitely worth a view.

Merry Christmas to All, and may you all avoid TCPA litigation trolls next year!

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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.

4 Comments

  1. Maybe you can help me out. What other stolen goods of value can I buy consequence-free so long as the seller doesn’t inform me they are stolen? In what other line of business [other than debt collection] can I commit bad acts and the laws are written to ensure the consequences won’t put me out of business? If a pawn shop shells out money for for stolen property without actual knowledge the property is stolen, should they get good title to the property because they didn’t know? Why not? What if losing title to the property will cause them to go out of business? Does their need to survive become the higher priority? Why not?

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  2. People hate TCPA litigators? Only for very small and specific populations of people.

    Finding people who don’t hate telemarketers is much harder, especially if you exclude those with opinions spoiled by monetary gain.

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  3. When I tell people I have sued robocallers multiple times, the only response I ever get is along the lines of “you are doing God’s work”. That is not an exaggeration.

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  4. You seem to be line drawing. Telemarketers, whether small, are violating the law. Ignorance of the law is not a defense. So, where do you draw the line between it is acceptable to sue a telemarketer for violating the TCPA, versus it is “wrong” to sue a telemarketer for violating the TCPA?

    Police ticket speed violators every day. Should there be a line as to when it is acceptable versus unacceptable for a police officer to issue a ticket?

    Banks get robbed every day. Should there be a line when it is acceptable for the bank robber to be arrested versus not arrested?

    Oh, but you are in California. The land where shoplifting is legal as long as one does not steal over $1,000 in one haul.

    Me thinks you have been soaking in too much of that California sunshine, or inhaling too much of that Los Angeles smog.

    If someone violates the TCPA — whether they be a “small” business or huge corporate conglomerate — if they pump out telemarketing calls in violation of the TCPA, then they need to be prepared to face the consequences. If that means they go belly up, perhaps that fact will help convince others to be TCPA compliant.

    Reply

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