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TCPAWORLD AFTER DARK: The Case of the Robocallers Who Tried to Keep Folks from Voting Has Come Full Circle And Its Delicious

TCPAWorld is such an amazing place.

So many cool stories.

TCPAWorld readers will be quick to recall the saga of John M. Burkman and Jacob Alexander Wohl, the two clowns who–allegedly–thought it would be clever to try to suppress the vote by robocalling minority communities and telling them that if they voted by mail debt collectors and others would obtain their information.

Don’t “give your private information to the man, stay safe and beware of vote by mail” the messages ridiculously advised.

The scheme caused wakes across TCPAWorld. First, the FCC proposed a $5MM forfeiture for this clownish behavior.

Then the state AGs and other got involved–suing Burkman and Wohl and also the platform used to send the messages.

(The platform defendants escaped with a relatively small penalty of $50k.)

But now the ultimate–befitting–humiliation. These clever would-be vote suppressors have been ordered to perform 500 hours of community service–helping to register people to vote.



I will note that this penalty is only a piece of the pain these folks are suffering–the case in New York is still pending, as is (to my knowledge) the FCC forfeiture proceeding.

These guys probably thought this was funny when the cooked it up. Not so much anymore I suspect.

Wohl is here in Irvine. Maybe I’ll have him on the podcast and he can explain what he was thinking….

© 2023 Troutman FirmNational Law Review, Volume XII, Number 336

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...