September 27, 2022

Volume XII, Number 270


September 26, 2022

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NOT CREDIBLE: Barton’s Efforts to Distance Himself from TCPA University and Avoid $40k Sanction Falls Flat

So I’m still on vacation but wanted to blog this one real quick.

A few weeks ago you’ll recall that repeat TCPA filer Nathan Barton was hit with an order requiring him to pay $40k in legal costs for seemingly setting up his TCPA lawsuits. Specifically, he apparently supplied his phone number to a lead supplier in a bid to receive calls to sue. He also, however, allegedly ran a website called TCPA University that informed people how to bring their own TCPA case, thus propagating the abusive litigation monster.

Barton sought reconsideration of that ruling, and in an order entered Friday the Court refused to set it aside. And that’s big (and good news.)

Barton argued that he did not really set up TCPA University. Someone else did it for him and without his knowledge.

But the Court was unimpressed.

First, Barton’s argument came too late. it should have been raised a while back, the Court found.

More importantly, however, the Court found Barton’s efforts to distance himself from TCPA University to be “not credible.” Apparently emails showed up in which he was using the website in his footer. He also, apparently, holds a trademark on the name so…

He’s stuck with the penalty.

Back tomorrow friends.

© 2022 Troutman FirmNational Law Review, Volume XII, Number 213

About this Author

Eric Troutman TCPA Lawyer Troutman Law Firm Orange County, CA

Eric J Troutman is known as 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. Eric also helps industry participants build TCPA-compliant processes, policies, and systems.

Eric's perspective allows him to...