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Washington State appeals court rules CEMA’s prohibitions on unwanted text messages are broad
Washington State’s Consumer Electronic Mail Act prohibits unwanted text messages promoting commercial activity. But what exactly is commercial activity? Well the court in Aaland v. CRST Home Sols., LLC, 2025 Wash. App. LEXIS 1809, 2025 LX 331108 just said it’s pretty broad. Let’s take a look. As usual, first some background. The plaintiff Mr. Aaland…
“We are here for you” + phone number gets summary judgment
With ATDS claims nearly dead, text messages only fall under 47 U.S. Code § 227(c), the most common being do-not-call list violations for telephone solicitation. § 227(c) does not regulate purely informational texts, so many telemarketers try to sneak through the back door what they could not bring through the front. Such was the case…
What does it look like when a telemarketer doesn’t ratify TCPA violations?
Many of my posts have discussed how to hook a Seller for the violations of their Telemarketer. Typically what I see is the TCPA plaintiff informs the Seller about the TCPA violations, the Seller does nothing to stop the illegal calls that are benefiting them, and the TCPA plaintiff is well on his or her…
When can using Signal and WhatsApp be a problem in discovery?
I recently blogged about some folks openly discussing their lawsuit on the internet and how that came to the attention of the TCPA defendant who issued a subpoena to get the records. The president’s men don’t discuss their war plans on internet forums or discord servers, they use signal and many others use a similar…
Why does documentation add significant value to your telemarketing lawsuit?
I consulted in a recent TCPA violations lawsuit and wanted to share with you why better documentation increases the value of your telemarketing violations litigation. In this lawsuit the plaintiff got a bunch of calls from someone identifying themselves as “ACME Corporation” (names changed to protect the guilty). But in calling the phone numbers back…
Telemarketer breaks a deal and faces the wheel
Many telemarketing lawsuits end in a settlement agreement. Most lawsuits that get past the motion to dismiss stage end in a settlement agreement. And defendants often require settlement agreements to have confidentiality and non-disparagement clauses because they are concerned that if the TCPA plaintiff runs around telling the world that he got a big fat…
TCPA plaintiff Chet Wilson exploded
Sadly I have to write another of my “don’t be like” blog posts. Another TCPA plaintiff got exploded. Not for fruad, thank goodness, but for character. If you are going to come to court you have to be presentable and my god this is ugly. The case is Wilson v Freeway Insurance Services of America….
TCPA plaintiff came to court with massive overreach. Judge poised to spank it.
What a week. First the massive unforced error that is Mr. Wilson, and now this. But this post isn’t here to criticize the plaintiff, the TCPA was written to encourage average citizens to come to court to combat abusive telemarketing practices and judges who hate the citizens often want to make public examples out of…
TCPA Plaintiffs – Anything you say can and will be used against you.
This is part two of what might become a long running series – anything you say can and will be used against you in court. A Mr. Hossfeld and a Mr. Newman are suing Allstate Insurance Company for violations of the telephone consumer protection act over in the Northern District of Illinois. Allstate came to…
TCPA Defendant’s Brilliantly Dumb MTD Denied
I have seen some dumb motions to dismiss that beggars belief. This one might top them all. The case is D’Agostino v. Circle K Stores Inc., No. CV-26-01225-PHX-JAT, 2026 LX 247804 (D. Ariz. Apr. 22, 2026). TCPA defendant Circle K Stores (yes of Abboud v. Circle K Stores Inc fame) got sued by pro se…
TCPA defendant loses dumb motion to dismiss
Some telephone consumer protection act defendants reflexively file motions to dismiss. Hey it is an easy money maker for their defense attorney. Today we look at the goat rodeo that is Smith v. Equrra, LLC, No. 25-10975, 2025 LX 436962 (E.D. Mich. Oct. 16, 2025) for what we can learn. Sometimes the motion to dismiss…
Why we offer most of our attorney services with a flat fee
NW Debt Resolution offers most of its services via flat fee or contingency because we believe this is the most consumer friendly practice. Did you know the average attorney rate in Washington State is $322 an hour? Specifically, the average bankruptcy attorney charges $406/hr, the average appeals attorney charges $350/hr, the average litigation attorney charges…