October 16, 2021

Volume XI, Number 289

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October 15, 2021

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October 14, 2021

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Jury is Out: Case Claiming TCPA Plaintiff’s Lawyer Guilty of Fraud Reaches Trial–Jury In Deliberation

I’m not going to spend much time on this because we don’t yet have a verdict, but Navient’s case against the Law Offices of Jeffrey Lohman, P.C. for fraud has impressively gone the distance.

The jury is currently deliberating the evidence in the suit. We’ll let you know as soon as a verdict is available.

The suit claimed that Lohman’s office encouraged student loan borrowers to default on their debts for the express purpose of manufacturing TCPA suits, which would then be leveraged to force cancellation or reduction of those debts. Specifically, the borrower would (allegedly) be convinced to stop making payments on the account and then (allegedly) use a script provided by Lohman’s office to kind-of-sort-of-almost-maybe-but-not-quite revoke consent while recording the call. The caller would inevitably continue to make calls in light of the confusing instruction and the debtor would not answer the phone again. Then, after enough “post-revocation” calls were received, a TCPA lawsuit would be filed.

Per the docket, the case tried last week and closing arguments were given yesterday.

The evidence was apparently quite voluminous–docket entries reflect that Navient planned to introduce up to 17 boxes of evidence into the record.

I don’t have information on closing argument or the damages sought just yet from Navient but I am keeping a close eye on developments.

© Copyright 2021 Squire Patton Boggs (US) LLPNational Law Review, Volume XI, Number 229
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About this Author

Eric Troutman Class Action Attorney
Of Counsel

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...

213-689-6510
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