DROP: (Ep. 57) Deserve to Win– Infamous TCPA Litigator Nathen Barton Talks Wins (and Losses) in TCPAWorld

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Law Conference of Champions ticket prices as I type: $569.00 (and rising)

Episode 57 of Deserve to Win is out and we’re talking to infamous TCPA litigator Nathen Barton!!

Barton is brave enough to come onto the show and mostly answer our questions. By his own account Barton has filed at least 50 TCPA cases and was featured in an NPR interview focused on litigators that bring TCPA suits. But there are some out there who contend Barton sets up his lawsuits–inviting calls or filling out forms.

These allegations have found pay dirt against others– like Horton, Human, and Heidrapour– and I confront Barton with all of this (even though his name does not start with an H). You can assess his answers for yourself.

For his part Barton insists he is just a concerned father who has taken on a battle against robocallers because they pollute his children’s phone and make it more difficult for him to contact them. Again, you can assess his story for yourself.

I also try to talk him out of his doom loop with Joe Delfgauw. You can watch how that goes.

I will praise Barton–and have– for winning a jury trial not long ago and for having the onions to join my show. He’s not one to hide- and I do respect that. Does that mean he’s the real deal? Maybe. Again, watch the interview and assess for yourself.

Before we get there we introduce you to two young lawyers who have JUST passed the bar and are set to become associates with Troutman Amin, LLP– Fynn and Kelly!

Then we dive into the biggest TCPA news of the week:

1. Citi narrowly avoids another TCPA class action at the hands of an individual who opted out of their $29.5MM TCPA settlements catastrophe;

2. We discuss a pair of contrary results on the issue of whether SMS are calls– one in PA holding SMS are NOT calls and one in TX holding SMS ARE calls (so it goes);

3. Queenie breaks down another major case holding messages related to free goods or services (or those covered by insurance) are not marketing;

4. We discuss the MAJOR ruling holding Lucas B. Horton in contempt in a TCPA suit and finding he manufactured evidence by back-dating an email in an effort to save a claim!; and

5. On the other hand, Heart & Soil can’t even get past the pleadings stage on its counterclaim against a TCPA Plaintiff— big difference in the caliber of TCPA defense lawyers out there!

Plus we reflect upon the big ANA Masters of Advertising Law event and look forward to Law Conference of Champions V!

And we one again use the incredible AI visualization tool SayCut  to provide enhancements throughout!

It all adds up to one of the most shocking and unpredictable episodes of Deserve to Win yet!

See it right now!

Enjoy! #law #learning #learn #free #fun #awesome #incredible #win #winning #marketing #advertising #deservetowin

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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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