The single most important move a TCPA defendant can make where it contends a Plaintiff consented to receive calls– compel inspection of a Plaintiff’s devices by a forensics expert.
This move–well executed by Fisher Investments and its talented counsel– may have just cost Daniel Human his entire TCPA litigation business.
The decision in Human v. Fisher Investments, 2026 WL 925576 (E.D. Mo. March 31, 2026)–finding Human intentionally trashed a desktop to hide his TCPA misdeeds– is truly remarkable. It is a must read for anyone running in TCPA circles– on either side of the V.
Its remarkable for the care and time the federal court spent cataloging all of Human’s numerous misdeeds. His efforts to evade court-ordered discovery. His efforts to dismiss the suit rather than produce his devices for inspection. The Court spent pages–and presumably hours– walking through the timeline of Human’s desperate maneuvers culminating in a sanctions ruling the TCPAWorld may never forget.
It is remarkable for the great lengths Human went through to avoid justice. Trashing his computer on the eve of an inspection and then pretending like nothing happened was just the tipping point. He filed multiple meritless motions. Pursued meritless appeals. Filed a meritless bankruptcy. And desperately tried to dismiss his case over and over again. But he was trapped– and all of his thrashing about only made it worse.
Most of all it is remarkable that Fisher Investments stayed steadfast through it all. At any point in the years-long saga it could have gotten off the bus. Human had given up as early as January of last year. He was begging to dismiss the case to avoid the inspection of his devices. But Fisher Investments stayed firm. It pursued him through multiple appeals. Through an en banc petition. Through multiple meritless motions. Through a bankruptcy. Through the assertion of Fifth Amendment privileges. It pursued him through it all–and presumably at great cost– because it was the right thing to do.
Fisher Investments may literally be the greatest TCPA hero.
Because through all of this hard work Fisher gained little, if anything, for itself. But it gave all of us in TCPAWorld a great gift.
We learned just how slimy and pathetic Daniel Human really is.
What was on his desktop we will never know– but what we do know is he filed dozens of TCPA cases and has been sued repeatedly for fraud by defendants claiming he had manufactured his own lawsuit by providing consent. We know the inspection of his phone revealed text messages sent to numerous different names– and very few messages actually sent by him. We know he produced a laptop for inspection that hadn’t been used for years and had accounts set up in different names.
Whatever Human was hiding one thing is clear– on that desktop was the entire history of his TCPA malfeasance.
Perhaps when he tossed his desktop he knew he was tossing out his career as a TCPA litigator. Perhaps he thought he could simply walk away from a life spent harassing small business owners and cheating companies out of their dollars with extortionist lawsuits.
Sadly, most companies pay. It is far FAR cheaper to simply write a check to a troll like Human than to fight like Fisher Investments did.
But whatever Human was thinking when he tossed that desktop the reality is this– he’s done.
Nobody is ever going to pay this guy a penny in a TCPA suit again. And good riddance.
But perhaps the gift Fisher Investments has given everyone is even bigger than defeating Daniel Human. Perhaps it has given everyone a playbook for how to defeat these trolls once and for all.
The power of setting an example is extraordinary. I am running for Congress–for instance– to set an example for other qualified and powerful lawyers to consider helping our nation by fixing our laws.
Well Fisher Investments may have just set an example other TCPA defendants can heed– instead of rolling over and paying these trolls off FIGHT THEM and REVEAL THEM for who they really are.
Human has been exposed. He’s been laid out in the cold. And all of his sins can now be judged by the wide-watching TCPAworld.
Good riddance.
But there are plenty of others like Daniel Human who still think they can make a living bringing fake lawsuits and harassing small businesses. Let’s all follow FI’s good example and take these guys down.
Anyway, this runs long. I’ve had my say. But Fisher Investments isn’t done with Daniel Human just yet. Expect a six-figure judgment to be entered against Human.
A final lesson to everyone–seemingly ripped from an 80s action serial: Crime doesn’t pay.
See you all at Law Conference of Champions in three weeks!
Chat soon.