Eric J. Troutman
- Indexed articles, last 90 days
- 32
- Latest publication
- Sep 23, 2026
- Outlet visibility, for natlawreview.com
- Top 1M sites
- Earliest in this view
- Jul 7, 2026
Latest articles
BUSTED- TCPA Defense Lawyer Caught Using GenAI– Federal Judge Likely to Issue Sanctions (opens the original)
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A lot of hack lawyers out there are still relying on GenAi to write briefs and conduct legal research–hoping LLM software can do a better job of lawyering than they can. Really a terrible (and embrassing) thing. Just a matter of time before disbarments follow since these folks are literally failing to do the job their clients have paid them to do– the ultimate form of disloyalty (and incompetence.) For now the federal courts will continue playing whack-a-mole and sanctioning improper GenAI usage
DUAL PURPOSE?: “May I communicate with you via text?” SMS From Car Dealership May Constitute TCPA Marketing Court Holds (opens the original)
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A court just held a message asking a consumer if they would “May I communicate with you via text” may constitute a solicitation under the TCPA where the context of the message suggests the intent of the message was to sell the consumer a car– and that’s probably the right result. The line between marketing and informational messaging can sometimes be difficult to determine, but dual purpose calls have long been considered marketing under the TCPA’s restrictions. But what ultimately matters is th
ROBOCALLS ALLOWED ANYTIME A NUMBER IS PROVIDED?: Court Suggests Providing Number to a Caller Constitutes TCPA Express Consent for Robocalls– And This is VERY Interesting (opens the original)
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In the era of GenAI outbound calling–Claude for Cold Calls anyone?– understanding what constitutes express consent under the TCPA is more important than ever. If consent to receive GenAI and other robocalls can be inferred merely by the provision of a phone number to a caller–directly or through an intermediary– we can expect a massive shift toward automated outbound calling practices in the coming months. That’s a pretty big if, but one court has just taken a pretty big step toward providing th
‘BAMA BUSTER: N.D. Alabama Court Holds Texts Aren’t Calls and the TCPA’s DNC Protections Continue to Wither (opens the original)
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Just yesterday I reported on a decision suggested the TCPA DNC rules do not apply to cell phones at all. Well today we have a more traditional ruling concluding SMS messages are not “telephone calls” for 229(c) purposes– spreading this holding to ne territory in Alabama for the first time. In Conrad v. Hart Consumer Products, 2026 WL 2741623 (N.D. Al. Sept. 16, 2026) the court concluded SMS messages are not calls for purposes of the TCPA’s DNC private right of action. To get there the Court firs
Look Alive!: New NPRM Seeks to Change TCPA Rules on Two-Way Texting, Revocation and Affiliates (opens the original)
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Yesterday we covered the FCC’s critical changes to the TCPA opt out and revocation rules. (This was a must read–check it out here if you haven’t yet.) Today we are going to dive into the FCC’s new NPRM that may–in many ways–be just as important. At a high level the NPRM seeks comment on: i) reducing the timeframe to honor revocation requests, ii) requiring two-way texting to facilitate revocation requests made in response to text messages, iii) requiring a “revoke all” method, and iv) how revoca
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