When Children Are Dragged Into TCPA Lawsuits

Introduction:
Allegations have emerged that Nathen Barton involved his children in TCPA lawsuits, claiming they received unwanted texts on phones he supposedly provided them. Here’s what our review uncovered.”

The Barton-Troutman Situation:
“As a legal custodian, Barton should have filed suits on behalf of his children and proved ownership of the numbers. Instead:”

  • He sued personally for texts allegedly sent to his kids
  • Never included their names in complaints

Testimony from Kerrie Barton:
“Under oath, Barton’s ex-wife testified that he did not provide phones to their children and she had no knowledge of the alleged devices. Barton’s response: ‘My ex-wife doesn’t know what I do with my kids.’”

Possible Motives:
“By claiming his children’s phones were affected, Barton may have:”

  • Added extra “residential” numbers to sue under (required by TCPA)
  • Expanded his lawsuit portfolio, with multiple numbers tied to him

The Bigger Picture:

  • Ethical Concerns: Using children in lawsuits is highly questionable
  • Legal Implications: Courts may dismiss cases without proof of the numbers
  • Public Awareness: It’s important to recognize when lawsuits may be improperly structured

Expert Commentary:
“Attorney Miss Gibson, who deposed Kerrie Barton, noted: ‘The evidence suggests Barton invented these ‘kids’ phones’ to manipulate the system.’