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Set the hook on 47 CFR § 64.1200(d) TCPA violations
One of the regulations implementing the Telephone Consumer Protection Act is 47 CFR § 64.1200(d): No person or entity shall initiate any artificial or prerecorded-voice telephone call pursuant to an exemption under paragraphs (a)(3)(ii) through (v) of this section or any call for telemarketing purposes to a residential telephone subscriber unless such person or entity…
Telephone Consumer Protection Act call time restrictions
A lesser known restriction in the Telephone Consumer Act’s implementing regulation 47 CFR § 64.1200(c): No person or entity shall initiate any telephone solicitation to: (1) Any residential telephone subscriber before the hour of 8 a.m. or after 9 p.m. (local time at the called party’s location) Who can’t take advantage of the law? Hint,…
Be very wary of poorly worded requests for admissions or you’ll be like this defendant
In a past blog article I wrote about admissions vs stipulations, and the inherent weaknesses of admissions. Admissions in federal court have another weakness, they bind both parties. Let’s look at FRCP 36(b): Effect of an Admission; Withdrawing or Amending It. A matter admitted under this rule is conclusively established unless the court, on motion,…
Washington State’s Consumer Electronic Mail Act works on emails too
Earlier I wrote about Washington State’s Consumer Electronic Mail Act RCW 19.190‘s application to text messages, and I mentioned it works on emails also. What’s prohibited RCW 19.190.202(1): No person may initiate the transmission, conspire with another to initiate the transmission, or assist the transmission, of a commercial electronic mail message from a computer located…
Washington State’s Consumer Electronic Mail Act vs the Telephone Consumer Protection Act
The Telephone Consumer Protection Act (TCPA) is a federal statute regulating telephone solicitation and telephone call technology. Each state is free to enact its own telemarketing laws and Washington State has done so, including the Consumer Electronic Mail Act (CEMA) under Chapter 19.190 RCW. In terms of telemarketing (CEMA also regulates some emails) RCW 19.190…
Are opt-in confirmation texts actionable under the TCPA? Federal judge says Maybe!
Today I want to talk about a defendant in a TCPA lawsuit that sent some confirmation text messages and is now going to trial for unwanted solicitations in violation of the telephone consumer protection act. The lawsuit and opinion is Abboud v. Circle K Stores Inc., No. CV-23-01683-PHX-DWL, 2 (D. Ariz. Jan. 27, 2025). There…
YES California’s CIPA protects out of California plaintiffs!
California has a strict invasion of privacy law commonly known as CIPA. It provides a statutory award of $5,000 for recording a call without permission. But who exactly can pursue a claim under it for calls recorded without permission? It is only for individuals who where inside of California at the time the call was…
What is admissible evidence at summary judgment?
If you get involved in a telemarketing lawsuit, odds are you may want to file, or have to defend from a motion for summary judgment. It is important you know how to marshal your evidence and how to poke holes in theirs, and let’s use TCPA lawsuit Callier v. Jascot Enters., No. EP-22-CV-00301-FM to learn…
How do we attack a creditor lawsuit?
If you retain NW Debt Resolution to defend you from a lawsuit, you should know what you are getting in return for your fee. First, we are going to show up in court so the creditor can’t get a default judgement. Next we will conduct discovery to make the creditor prove their case. We can’t…
A review of a pro-se plaintiff’s TCPA complaint against Alleviate Tax
This is an unsolicited review of pro-se plaintiff Farbod Moghadam’s second amended complaint against Alleviate Tax LLC alleging violations of the Telephone Consumer Protection Act (TCPA) in the New Jersey federal district court. First, I congratulate him for having the moxie to stand up against telemarketers. The Troutman law firm is defending Alleviate so he…
I just participated in Six Figure TCPA settlement!
I had the privilege to be in a consulting role in a six figure TCPA settlement that went down in the last few days and I thought the overall situation had a lessons useful to other recipients of unwanted telemarketing phone calls. Jane received a number of calls where the callers sounded like they were…
Let’s review the worst dumb telemarketing counterclaim I’ve ever seen
The five folks reading this blog know I’m following the saga of Nathan Barton’s telemarketing lawsuits against Joe Delfgauw and friends. And how to beat frivolous counterclaims. Today is our lucky day because we get to do both. For those who don’t know, the underlying case is this one. Barton v. Delfgauw, 3:21-cv-05610-DGE, (W.D. Wash….