June 22, 2023

Volume XIII, Number 173


June 22, 2023

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FACING THE WOLF: Court Rejects Third-Party’s Effort to Use TCPAWorld Articles to Avoid being Deposed by the “Wolf”

TCPAWorld is becoming self aware.

Let me explain.

A third-party facing a discovery deposition in a TCPA case recently sought to avoid being deposed by Anthony Paronich–the well-known Wolf of TCPAWorld– case by arguing that being deposed by “the Wolf” would be, in essence, “too scary” based upon what they had read about him on TCPAWorld.com:

Carley Miller is a third party, Zeeto is a third party, and Zeeto has spent considering legal fees to protect its employees from unnecessary procedures by Anthony Paronich, who is described as the “Wolf of TCPAWorld” and is known for filing “a large volume of cases.”

This is from an actual legal brief filed in federal court. And it cites to TCPAWorld’s power rankings as authority.

I’m serious.

Well, the Court today rejected Ms. Miller’s efforts to be deposed by the Wolf holding:

The Court does not find Miller’s reluctance to be deposed by the “Wolf of the TCPA World” (Dkt. No. 19-1 at 5) good cause to depart from this principle or to require her deposition to proceed in writing.

The Court goes on to advise that Paronich’s glamorous place in TCPAWorld lore is not sufficient to justify additional procedural safeguards:

Miller states she has “great and legitimate concern” that Paronich will exceed the bounds of propriety and requests the Court implement limitations on the deposition “to protect her.” Dkt. No. 19-1 at 5-6. The Court reiterates Miller is already adequately protected under the Federal Rules but takes the opportunity to admonish Miller and her counsel that insinuations of improper or unethical conduct are not taken lightly by the undersigned. Miller has offered no basis for her “great and legitimate” fear of Paronich beyond the simple fact that he is a well-known TCPA litigator who “fil[es] a large volume of cases.” Id. at 5.

So the Court held Ms. Miller must be deposed by the Wolf with no special protections in place.

Fascinating, no?

Hopefully, next time someone submits a motion saying they’re scared to be deposed by the Czar I can get equal treatment.

In seriousness, I have litigated against the Wolf dozens of times and although I would describe him as shrewd and aggressive–and occasionally prone to irrationality-as-a-strategy– I have never observed him to be dishonest, uncouth, or unethical. Quite the contrary, actually– even if I do not always agree with the cases he brings or the clients he represents.

I’ve never intended to imply anything different on TCPAWorld–and I don’t think I have. But to the extent anyone out there is actually living in “great and legitimate” concern of Wolf’s litigation tactics owing to my blog, hopefully, this clears things up a bit.

And if you’re curious what it is like to face the Wolf, catch my one-on-one interview with him on Deserve to Win: 

Stay classy TCPAWorld.

© 2023 Troutman FirmNational Law Review, Volume XIII, Number 172

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...