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FCRA plaintiff fails to hold TransUnion accountable
The Fair Credit Reporting Act does not require that the furnishers of credit information and the credit reporting agencies themselves report anything, but it does require that the information they do report be accurate. To that end the FCRA allows consumers to dispute inaccurate information. But what duty do the credit reporting agencies have to…
Show damages when building your FDCPA case
The Fair Debt Collection Practices act is intended to prevent deceptive or abusive collection practices. In theory debt collectors who violate the FDCPA are subject to a $1,000 penalty to discourage dishonest debt collection practices. However the courts are generally anti-consumer and this case will demonstrate why a debt collector breaks the law in demanding…
Telemarketer Joe Delfgauw throws his current attorney Donna Gibson under the bus
This is part of my long running series on how telemarketing really works. Recently telemarketing defense attorney Mr. Troutman announced his hourly rate is increasing to $6,000 per hour. At first blush it seems crazy when Jensen Mauseth provided a very competent defense for about 5% of that – $325 an hour. But Jensen Mauseth’s…
What is a TCPA defense attorney doing with his time? Under the hood of a case.
This is part of my long running series on how telemarketing really works. Many TCPA plaintiffs wonder how how TCPA defense attorneys spend their time, and what defendants pay (or should pay). Lawsuit Barton v. Real Innovation, 2025 WL 1993193 (W.D. Wash. July 17, 2025) can give us a peek under that hood. First, some…
Matthew Weiss deemed vexatious litigant + reminder to watch what you say and how you TCPA litigate
The litigants driving my watch how you litigate stories and watch what you say stories probably wouldn’t realize the articles are addressing their choices, but they are still drive-slowly-by-while rubbernecking worthy. As these stories go, Mr. Matthew Weiss’s choices, and his escape from any really meaningful consequences, bear a closer look. As always, lets start…
Your privacy is not worth a penny to telemarketer Joe Delfgauw
This is another article in my series on how telemarketing really works. Most unwanted phone calls start from a supposed website opt in. Telemarketers always claim the owner of the phone number went to some garbage website that doesn’t appear in Google’s search results and entered there phone number with a request for calls. Just…
Joe Delfgauw testifies to the role statistic play in verifying opt ins
This is another article in my series on how telemarketing works. In the McCrae-Coley litigation with case number 3:21-cv-05610, Joe Delfgauw testified that they verified individual opt ins were real or fraudulent based on the statistics of the opt out rate: Q: What does? . . . what process, if any, do you go through…
Telemarketers will accuse you of opting in – then refuse to take the most basic steps to prove it – telemarketer Joe Delfgauw admits why
This is part of my long running series on how telemarketing really works. When called to account for unwanted sales calls, telemarketers are quick to claim the consumer is the one who asked for the calls. They will usually provide a date, time, IP address, and sometimes device information for the supposed opt in. Here…
How to respond to a debt dunning collection letter and request validation
Did you just receive a debt collection letter? Under the Fair Debt Collection Practices Act you have a 30 day use-it-or-lose-it right to ask them to validate the debt. In one dunning letter, a collection agency said a consumer owed $400 additional dollars after paying $700. The consumer responded with this letter: “Dear [debt collector…
Exploit arrogant defense attorneys for your own benefit
Most attorneys think all non-attorney’s are idiots who will be beat with ease. In response, some pro-se plaintiffs feel they need to convince the defense attorney they aren’t stupid. I am not sure that’s a great idea. I think many pro se’s would be best off hiding their abilities as long as possible. Let the…
Avoiding forced arbitration in TCPA lawsuits Part 2
I’ve previously discussed dodging forced arbitration in TCPA cases, and a new case illustrates another weakness in arbitration clauses to exploit. Sessoms v. USHealth Advisors, LLC, No. 5:24-CV-580-BO-BM, 2025 LX 341257 (E.D.N.C. Aug. 21, 2025) First, some background. The plaintiff came to court alleging that USHealth Advisors LLC has plagued her telephone number with prerecorded…
So I am a ****ing guy with a black **** who is going to shove it up your *** + phone call investigation lesson
This is part of my long running series on how telemarketing really works. Serially successful Telephone Consumer Protection Act plaintiffs typically pick up a ‘fan club’ of angry telemarketers who, since they can’t win in court, try to win outside of court. This case offers some lessons in the best practices of investigating unwanted calls…