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

    • California
    • Washington

    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., W. Dist. of Washington
    • U.S. Dist. Ct., Dist. of Colorado
    • U.S. Dist. Ct., E. Dist. of Michigan
    • U.S. Dist. Ct., N. Dist. of Florida
    • U.S. Dist. Ct., W. Dist. of Texas
    • 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 Eye of the Beholder: New TCPA Human Intervention Decision Underscores Elusive Nature of ATDS Definition,” August 20, 2018.
    • “BREAKING: YouMail CEO Confirms to WBD Ramble Podcast That “Robocall Index” Includes Wanted and Invited Calls (Plus Behind-the-Scenes Pictures),” August 16, 2018.
    • “Cooling a Hot Streak: Ramble Podcast Team Interviews Mike Greenwald in the Hopes of Breaking His Insufferable String of TCPA Victories,” August 14, 2018.
    • “What Might Have Been: Sears Misses out on Millions in TCPA Settlement Funds For Cruise Line Robocalls Due to Untimely Subpoena,” August 14, 2018.
    • “Sparks to Fly?: Senate Committee Sets First FCC Oversight Hearing Following Chairman’s TCPA Letter,” August 14, 2018.
    • “REPUBLISHED TCPA Horror Story: 1 Fax+1 Lawsuit = $12.5M Award– Man’s home, business in limbo,” August 10, 2018.
    • “Making them Work For It: Court Dismisses TCPA Case for Lack of Factual Allegations Regarding ATDS Usage Campaign,” August 9, 2018.
    • “Contracts 101: Court Rules Contractual TCPA Consent Is Irrevocable Even if the Contract Doesn’t Specifically Say So,” August 9, 2018.
    • “Talk About Bad News: Dallas Morning News hit With TCPA Class Action Claiming Dying Circulation Prompted Illegal Call,” August 8, 2018.
    • “Out of the Frying Pan?: Eighth Circuit Agrees that TCPA Violation Did not Cause Article III Harm But Reverses Dismissal in Favor of Remand to State Court,” August 7, 2018.
    • ““We can’t afford to get this wrong”: Numeracle’s Visionary CEO Joins the Ramble Podcast to Discuss the Dangers of Mislabeled Robocalls,” August 7, 2018.
    • “That’s Alarming: Another Court Finds that Predictive Dialer Calls are Robocalls Covered by the TCPA,” August 6, 2018.
    • “Admission Binding: Court Refuses to Allow TCPA Plaintiff to Change his Consent Tale at Trial,” August 6, 2018.
    • “A Death-Defying Escape!: Cirque du Soleil Slips Certified TCPA Class Action for Faxes Sent Back in 2009,” August 6, 2018.
    • “True Blue!: Yet Another Court Finds FCC’s TCPA Orders Were Vacated by ACA Int’l and Calls to Lists of Numbers Not Robocalls Covered by the TCPA,” August 2, 2018. 
    • “Get in the Know: Womble Bond Dickinson’s Mid-Year TCPA Review is Now Available,” August 1, 2018.
    • “Counter-Punch: GOP Senators Submit Their Own TCPA Letter to FCC Urging Restraint,” July 31, 2018.
    • “Round and Round We Go: Eleventh Circuit Again Refuses to Compel TCPA Claim to Arbitration– Gives Short Shrift to Defendant’s Arguments,” July 30, 2018.
    • “UPDATE: Court Sets Hearing on One-Way Intervention Issue in Certified TCPA Class Action,” July 27, 2018.
    • “Too Creative By Half: Court Rejects Argument that TCPA “Landline” Prohibitions Apply to “Residential Cell Phones”,” July 27, 2018.
    • “Now it’s Sirius: New District Court Ruling Dismisses TCPA Suit and Holds that Predictive Dialer Calls Are Not Robocalls Covered by the TCPA,” July 26, 2018.
    • “The Rich get Richer: Seventh Circuit Court of Appeal Affirms Record-Setting $14-19MM Attorneys Fee Award in TCPA Class Settlement,” July 25, 2018.
    • “First-in-the-Nation TCPA Result: Court Holds Direct Dropped Voicemails are Covered by the TCPA,” July 19, 2018.
    • “A Visit from the Boogeyman: Jay Edelson– “Titan of the Plaintiffs Bar”– Rocks the House on the Latest WBD Ramble Podcast,” July 19, 2018.
    • “UPDATE: YouMail CEO Expresses Willingness to Appear on Ramble Podcast– Defends Robocall Index Data as Accurate,” July 17, 2018.
    • “Fake TCPA News?: Questionable YouMail Robocall Data Relied Upon by Mainstream News Outlets,” July 16, 2018.
    • “Good Lord!: Putative TCPA Class Action Dismissed at the Pleading Stage for Want of Allegations re: Random or Sequential Number Generation,” July 13, 2018.
    • ““One Way” Or Another: Bad Reyes Saga Continues With One-Way Intervention Challenge to Court’s Certification Ruling,” July 11, 2018​​​​​​​.
    • “Is FinTech the Next TCPA Frontier?: New High-Powered Class Action against Fiserv, Inc. May Be Harbinger of Things to Come,” July 11, 2018​​​​​​​.
    • “TCPA ATDS Scorecard: A Mid-Summers’ Deep Dive into the Shifting ATDS Landscape post ACA Int’l,” July 9, 2018​​​​​​​.
    • “Unfair Attack? NCLC Works Hard to Convince FCC That Legitimate American Businesses Are to Blame For Majority of Robocalls in Robust TCPA Comment,” July 6, 2018​​​​​​​.
    • “TCPA Behind the Numbers: Overall TCPA Filings are Down, But is that the Whole Story?,” July 2, 2018​​​​​​​.
    • “A New TCPA King?: Second Circuit Rejects “Potential Capacity” Definition Outright But Ducks Issues of ATDS Functionality,” June 29, 2018.
    • “The Tug of War Over ATDS Continues: Two More District Courts Reach Opposite Conclusions About Scope of TCPA a Day Apart,” June 28, 2018​​​​​​​.
    • “Hitting a Brick Wall: Block of 14 Democratic Senators ask FCC’s Chairman to Broaden TCPA Protections to Prevent Robocalls,” June 27, 2018.
    • “Yahoo!: Third Circuit Court of Appeal Holds Random or Sequential Number Generation Is Needed–Rejects Hansen/Snyder Expert Reports– in Ruling Yahoo’s IM Platform Not an ATDS under the TCPA,” June 26, 2018.
    • “Trap for the Unwary?: Target Busted for ATDS Calls in Mass. that Seemed to be Lawful Under AG Guidance,” June 26, 2018.
    • “Secret Limitation?: Court Denies Summary Judgment to TCPA Defendant Who Couldn’t Prove Customer Had Full Authority to Provide Number,” June 17, 2018.
    • “Consumer-Side TCPA Comments Reviewed: CFPB Respectful, Consumer Action Aggressive, Cunningham and Moskowitz Taciturn in their Comments to FCC,” June 14, 2018.
    • “Mystery Solved!: So That’s What Happened to the FCC’s Order Implementing the BBA Amendment to the TCPA Exempting Collectors of Government-Backed Debt,” June 11, 2018.
    • “It Just Got Real: Simultaneous House and Senate Bills Introduced to Expand TCPA’s ATDS Definition to Stop Robocalls made from Lists,” June 8, 2018.
    • “Anatomy of a Disaster: Court Certifies “Bad/Wrong Number” TCPA Code Class Owing to Defendants’ Apparent Failure to Maintain TCPA Compliance Efforts,” June 7, 2018.
    • “Needless Gamble: Eleventh Circuit Uses Exceedingly Broad Language to Address Narrow Issue of Arbitration in TCPA Text Suit,” June 4, 2018.
    • “Not Proportional: Plaintiff’s Demand for TCPA Class Data that Did not Match Proposed Class Definition Denied by Magistrate Judge,” June 1, 2018.
    • “TCPA After Dark: FCC Seeks Comment on Two Obscure TCPA Petitions that Could Change Everything,” May 25, 2018.
    • “Silence is Golden: FCC’s Decision Not to Address Cunningham-Moskowitz Petition in TCPA Public Notice Speaks Volumes,” May 18, 2018.
    • “Time for Clarity: Two Courts Reach Opposite Conclusions on the Viability of the FCC’s Predictive Dialer Rulings on the Same Day,” May 15, 2018.
    • “A New Day for Predictive Dialer TCPA Cases?: First Court Holds That FCC Predictive Dialer Rulings Survive ACA Int’l,” May 15, 2018.
    • “Your TCPA Settlements Can’t and Won’t Be Used Against You in a Court of Law (Probably),” May 14, 2018.
    • “BREAKING: FCC Seeks Comment on Scope of TCPA Following ACA Int’l,” May 14, 2018.
    • “Breaking: D.C. Circuit Court of Appeal Issues Mandate in ACA Int’l,” May 8, 2018.
    • “Just for Fun: What if Thanos Had Used the Infinity Stones to Stop Robocalls Instead of trying to Destroy Half of All Life (Spoiler Free),” May 7, 2018.
    • “Breaking: Heavy-Hitting Petition Asks FCC to Confine TCPA to Statutory ATDS Definition,” May 3, 2018.
    • “From the Archive: Don’t Misdial. . . The Strange Story of How Your Smartphone Became An Autodialer (and why that could end up costing you a lot of dough),” May 1, 2018.
    • “Contractual Consent Matters: Barton Decision Delivers First Out-of-Circuit Win for Reyes Holding that Contractual Consent is Irrevocable,” May 1, 2018.
    • “New Proposed Legislation Would Expand TCPA Definition of ATDS to Cover Dialers that Call from Lists of Numbers,” May 1, 2018.
    • “Uber Hit With Another TCPA Class Action,” May 1, 2018.
    • “Your Definitive Guide to the ACA Int’l Ruling: The Top 10 Things Everyone Needs to Know Now,” March 21, 2018.
    • “District Court Overrules Magistrate’s Order Compelling Prior Complaint Information and Related Data in TCPA Class Action,” March 4, 2018.

    • 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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