ARTICLE
7 October 2026

BUSTED: TCPA Defense Lawyer Caught Using GenAI– Federal Judge Likely To Issue Sanctions

Troutman Amin LLP

Contributor

Troutman Amin, LLP is a nationally recognized litigation and privacy law firm handling complex federal litigation and advising on emerging privacy and telecommunications issues. Built on integrity, hard work, loyalty, and gratitude, the firm delivers sophisticated legal counsel with a straightforward, client-first approach and a commitment to doing things right.
A federal judge has issued an order to show cause against a defense attorney in a TCPA class action after discovering multiple inaccurate citations in filed briefs, including references to non-existent cases and misattributed quotations. The attorney's reliance on generative AI for legal work has raised serious questions about potential violations of professional conduct rules and civil procedure requirements.
United States Litigation, Mediation & Arbitration

Troutman Amin, LLP was the first law firm in the nation to ban GenAI usage for any substantive legal work– and 18 months later that decision looks absolutely brilliant as the firm’s reputation and client base skyrocket.

On the other hand 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 as they find it.

For instance in Whitfield v. Prime Agency,  2:26-cv-00327-AMP (E.D. Pa. Sept. 18, 2026) a defense attorney in a TCPA class action– DEFINITELY not Troutman Amin, LLP– was found to have submitted a brief with SIX inaccurate citations (some to made up cases and some, more troublingly, citing to real cases but for propositions the case does not stand for.)

The Court called the lawyer out for it and the lawyer apologized–claiming he filed the wrong draft with the court– and then proceeded to file a revised brief that had another false citation.

Soooooo not good.

The Court has set an order to show cause why the lawyer should not be sanctioned under applicable rules requiring attorneys to only file briefs that have actual legal support:

“Defense counsel’s conduct raises substantial questions regarding potential violation of Fed. R. Civ. P. 11(b)(2) and Pa. R.P.C. 3.3 by citing authorities that do not exist, and attributing quotations that do not exist to authorities that do, as set forth above.”

We will learn his fate following a hearing in October.

These “federal judge sanctions lawyer for using GenAI” decisions have come down so frequently lately that I do not even cover them unless they happen in TCPA cases.

Word to the wise– do NOT use GenAi for legal work.

Of course the wise would not consider doing that in the first place.

Also if you’d like a copy of the most comprehensive TCPA guide in the country (totally free and totally NOT written by AI) feel free to request a copy of the Troutman Amin, LLP TCPA Annual Review (2026), presented by Contact Center Compliance (now part of Sonera).

Chat soon!

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

[View Source]
See More Popular Content From

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More