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.
Corporate Officer Faces Personal Liability for TCPA Suit For Failing to Stop Calls
Plaintiff’s Lawyer Personally Sues Big Lead Generator in TCPA Class Action—Contends Leads Were Systemically Cooked Up
Compromise Robocall Bill Passes House; Pallone-Thune TRACED Act on to the Senate
Text of New Compromise “Robocall” Bill Just Released–and it's Huge!
Ringless Voicemail Defendant Keeps Up the Pressure With Motion to Strike Plaintiff’s Expert Report
Capital One Asks the FCC To Make It Easier For You to Communicate With its Very Polite Texting Robot: Here’s Why That’s a Good Thing
Eleventh Circuit Holds That Court Abuses Its Discretion Certifying a TCPA Case Containing Uninjured Class Members
Sergei Lemberg Joins the Unprecedented Podcast to Discuss TCPA After Regaining His Status as TCPAWorld’s Top Filer
Subpoenaed Cell Phone Records Cost Plaintiff $3k—Better than $56k Though
Talk About Scary: Manual Calls Might be Dialer Calls, Landlines Might be Cell Phones and More TCPA Facts and Stats to Freak You Out
Key Ruling in Multi-Account Debt Collection TCPA Case—Revocation on One Account Does Not Revoke Consent for Calls on Another Account
Court Credits Expert Finding that 75% of Cell Phone Numbers Are On Shared Plans; Rejects Certification of TCPA Wrong Number Class For Inability to Identify Harmed Class Members
Another California Court Follows Marks Because, Well, It has To
Big Evidentiary Win in TCPA Suit—Evidence of Defendant’s Prior Lawsuits, Settlements, and Communications With Third Parties Inadmissible in Individual TCPA Suit for Damages
TCPA in Review: Updated ATDS Scorecard Shows Marks Approach is Losing Ground—But “Capacity” And “System” Vagueness Remains
Whatever Happened to that Big Ringless Voicemail Decision We Were All Expecting? The Court Punted—For Now
First Court in Ninth Circuit Footprint Finds LiveVox HCI Does Not meet Marks ATDS Definition
Court Holds TCPA Is Not Void For Vagueness For Reasons That Are Not Entirely Clear
Big TCPA Win For Debt Collector—Court Refuses to Certify TCPA Case Against Debt Collector Allegedly Calling Wrong Numbers Because Data Lies and So Do People
Court Trebles TCPA Damages Against Debt Collector for Using Skip-Traced Numbers, Awards ~$300k