October 18, 2021

Volume XI, Number 291

Advertisement
Advertisement

October 15, 2021

Subscribe to Latest Legal News and Analysis

TCPA Quick Hitter: Shelton Beats Hapless TCPA Defendant One More Time– Overcomes Challenge to Judgment Based on TCPA Recordings

I don’t like promoting successes by the “bad guys” so I’ll make this quick.

TCPAWorld will recall the plight of defense lawyer Joshua Thomas who recently faced sanctions after his client lost a case to TCPA repeat-player James E. Shelton. Thomas’ client FCS has been beaten by Shelton after failing to respond to discovery or a summary judgment motion. Then the Court ordered FCS to respond to post-judgment discovery regarding its financial wherewithal.

In the meantime some of Shelton’s remarks regarding his efforts to sue for calls under the TCPA–“we’re pillaging them” and all that–so FCS sought to use these statements to set aside the judgment against it. It didn’t work.

In Shelton v. Fcs Capital Llc, Case No. 2:18-cv-03723-JDW2020 U.S. Dist. LEXIS 105730 (E.D. Pa. June 17, 2020) the Court flat rejected FCS’ effort to set aside the judgment against it. In the first place, the court finds the transcripts likely aren’t admissible. In the second place, they don’t reflect a reason to set aside the judgment anyway.

The Court also refused to set aside its order compelling responses to Plaintiff’s post-judgment discovery efforts. Defendant argued that the order did not comply with Rule 7(d). But Rule 7(d) doesn’t exist. So…. yeah.

I don’t even know what to say about this at this point. Just keeping everyone in the loop.

© Copyright 2021 Squire Patton Boggs (US) LLPNational Law Review, Volume X, Number 170
Advertisement
Advertisement
Advertisement
Advertisement
Advertisement
Advertisement

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
Advertisement
Advertisement
Advertisement