The Czar of TCPAland. Eric is one of the country’s prominent class action defense attorneys and is nationally-recognized in Telephone Consumer Protection Act (TCPA) litigation and compliance. He has served as lead defense counsel in more than 50 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 multi-billion 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, Eric has been at the forefront of 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.
A Dark Day for Free Speech: Supreme Court Upholds Statute Supposedly Preventing Robocalls–But at what Cost?
FCC Holds That Text Platforms Requiring Manual Number Entry Are Not ATDS Under TCPA
What is a “System” for ATDS Purposes? Important New TCPA Decision Takes a Decidedly Narrow Read on a Tricky Issue of (Almost) First Impression
TCPA Personal Liability Rule Narrowed? Seventh Circuit Holds Mere Knowledge of Illegal Conduct is not Enough to Hold an Officer Personally Liable for TCPA Violation
9th Cir. Holds "Called Party" is Current Subscriber, Rejects "Intended Recipient" Approach
Court Rejects TCPA Claim Where Plaintiff’s Counsel Knowingly Sent Revocation Letter to Improper Address
Debt Collector TCPA Defendant Hit With $267MM Trial Verdict Rejected an $875k Demand at Mediation—is this Insurer Bad Faith?
Top 10 Things You Need to Know About the Big TCPA Supreme Court Case Oral Arguments
11th Circuit Holds That Contractual TCPA Consent Cannot Be Revoked
CFPB Encourages Automated Calls from Banks and Servicers to Consumers Who Need Financial Help
Who is the TCPA’s “Called Party” Anyway?: Collector Not Liable For Calls Forwarded to Plaintiff it Never Dialed
Court Awards $89MM Attorney Fee In TCPA Trial Win–Refuses to Reduce $267MM Judgment Against Debt Collector Defendant
Trap for the Unwary: Express Consent under the TCPA May not be Consent under the FDCPA
Second Circuit Holds TCPA’s ATDS Definition Includes Devices that Can Call from Lists and Not Just Random-Fire Dialers
TCPA Repeat Plaintiff Shelton Tries His Hand at FCRA Litigation
A New ATDS Pleading Standard? Big Motion to Dismiss May be Harbinger of Things to Come
Avaya Dialer Deemed Not an ATDS as Gadelhak Makes its First Mark and Snyder’s Expert Opinions Are Struck—Again
FCC Takes Narrow View of TCPA "Emergency Purposes" Exemption for Coronavirus-Related Texts
An Incredible End to the Bad Reyes Saga: Court Vacates Certification and Summary Judgment Rulings and Dismisses Case!
Over Fifteen Years Later Court Determines TCPA Plaintiff Lacks Article III Standing