[author: Eric Troutman]
Au Fond.
Do you folks know this lovely phrase?
Here I–Mr. Highly Selective Dictionary for the Extraordinarily Literate memorizer– thought I knew it all.
And yet the Czar just learned something mysterious and lovely that has evaded me all these years.
Apparently it is a French phrase but one that has been adopted as a pleasant way of saying “at bottom or to the bottom; basically; in reality; fundamentally.”
My goodness, I use those tired phrases all the time. But now I have a new one!
So on to our case.
Au fond, a lead generator developing Camp Lejeune claims was sued for TCPA violations and cannot get out, even though the calls were likely made by affiliates.
For those wondering– per the ruling: A “Camp Lejeune claim” refers to a lawsuit filed by individuals—namely Veterans—that may have been exposed to contaminated water at the Marine Corps Base Camp in Lejeune, North Carolina. See United States Government, Camp Lejeune Justice Act Claims, AMERICA’S NAVY, https://www.navy.mil/clja/Help me-understand-the-difference between-CLJA-claims-and-VA-claims/
In Vandersloot v. Baratta, 2025 WL 1898929 (E.D.N.Y. July 9, 2025) the court denied a motion to dismiss by Defendant CHARLES BARATTA LLC, doing business as PRIME MARKETING.
The Court found allegations the caller connected Plaintiff with an individual named Chris G. who possessed a prime marketing email address sufficient to state a claim. Notably the caller claimed to be from “Legal Helpers” to mask his identity–also illegal– but the email was a dead give away. Another caller claimed to be from “Medical Health Department” but directed Plaintiff to speak to Chris G., “her law associate” and asked Plaintiff to fill out the identical verification and registration link that Chris G. had previously sent.
Very interesting facts. Likely a sub affiliate of Prime’s made these calls and then transferred them over. Obviously, however, the Court was not going to let Prime walk away from the claims that easily. Important lesson.
Again if you are ANYWHERE in the leadgen game there is risk folks.
Oh and BTW, Prime hired a #biglaw firm to defend it. So you know where this is headed.
Will keep an eye on it.
Chat soon!
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