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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    • Successfully opposed class certification in a “wrong number” TCPA class action on behalf of a national auto finance lender.
    • Earned protective order quashing burdensome class data demands pre-certification on the basis of failsafe class definition in the complaint.
    • Helped shut down two particularly questionable lawsuits – one by a plaintiff who collected 85 cell phones in a bid to collect wrong number calls and another by a lawyer referral service that was deemed illegal and posing as a call block app – resulting in a reduction of nuisance TCPA lawsuits nationwide.
    • Repeatedly met with staff for all five commissioners of the FCC and the FCC’s general counsel to advocate for common-sense changes to TCPA regulation on behalf of a national bank.
    • Represented a large financial services industry client in earning the nation’s first post-Spokeo dismissal of a TCPA action for lack of Article III jurisdiction.
    • Earned Ninth Circuit Court of Appeal’s first ruling that providing a number to a caller constitutes consent to receive transactional text messages – even if they may contain some telemarketing materials – and not just calls.
    • Defeated a TCPA certification motion in US District Court, Northern District of Texas.
    • Earned a stay of proceedings in favor of a large international bank in a class action based upon the FCC’s primary jurisdiction to determine the meaning of the phrase “called party” for purposes of the TCPA’s express consent exemption.
    • Earned summary judgment rulings on behalf of clients sued under the TCPA on the grounds that the device they used to place the calls at issue was not an “ATDS” (automatic telephone dialing system) as defined by the statute.

    Education

    • University of California, Los Angeles School of Law, J.D., 2003
    • University of California, Berkeley, B.A., 1999

    Admissions

    • Washington, 2013
    • California, 2003

    Courts

    • U.S. Dist. Ct., N. Dist. of California
    • U.S. Dist. Ct., E. Dist. of California
    • U.S. Dist. Ct., S. Dist. of California
    • U.S. Dist. Ct., C. Dist. of California
    • U.S. Dist. Ct., Dist. of Colorado
    • U.S. Dist. Ct., N. Dist. of Florida
    • U.S. Dist. Ct., E. Dist. of Michigan
    • U.S. Dist. Ct., Dist. of Nebraska
    • U.S. Dist. Ct., W. Dist. of Texas
    • U.S. Dist. Ct., W. Dist. of Washington
    • U.S. Ct. of App., District of Columbia Circuit
    • U.S. Ct. of App., Ninth Circuit
    • U.S. Ct. of App., Tenth Circuit

    Memberships and Affiliations

    • Member, State Bar of California
    • Los Angeles County Bar Association
    • Orange County Bar Association
    • American Bar Association

    • The TCPA: It’s All So Simple Really, MBA Regulatory Compliance Conference, Washington DC, September 2018.
    • Your Definitive Guide to the ACA Int’l Ruling: The Top 10 Things Everyone Needs to Know Now, client CLE presentation.
    • Where Do We Go From Here? Life in the Post-Omnibus World (Version 3), California Mortgage Banker’s Conference, San Diego, December 2017.
    • Where Do We Go From Here? Life in the Post-Omnibus World (Version 2), American Conference Institute, Chicago, October 2017.
    • Where Do We Go From Here? Life in the Post-Omnibus World (Version 1), Consumer Banker’s Association Live Event, Sugarland, April 2017.
    • The Latest Legal and Case Law Developments TCPA Consent and Dialers, American Conference Institute, April 2016.
    • The Latest Legal and Case Law Developments TCPA Consent and Dialers, American Conference Institute, April 2015.
    • TCPA Exploitation – What it Means to You, CBA Live, March 2015.
    • The FCC’S 2015 TCPA Ruling: The Good, The Bad and The Ugly, client presentation, August-December 2015.
    • The Telephone Consumer Protection Act, AFSA Webinar.
    • The Telephone Consumer Protection Act, general client presentation, 2014 and 2015 ed. to coincide with release of new TCPA treatise.

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