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TCPA counterclaim immediately fails for lack of facts
Our friend Mr. Troutman started telling telemarketers to reflexively file counterclaims in response to Telephone Consumer Protection Act plaintiffs filing lawsuits. It is intended to intimidate and scare off lawsuits so that telemarketers can get back to doing what they do. Some of his audience listened, but it didn’t work on multiple levels. First, as…
Why you might need an appellant lawyer
Legal dramas and legal reality television is so prevalent that it shapes our collective opinion of the court system. These shows usually portray judges as serious figures who have spent a lifetime of scholarly study, take their jobs very seriously, and they aside their personal biases to just focus on the law and be treat…
TCPA Plaintiff plays weak hand to tie defendant to calls
Knowing who is behind unwanted telephone calls and properly alleging who is behind the telephone calls are two different things. Courts can and will reject a lawsuit if it thinks the factual allegations tying a TCPA defendant to the calls are weak or missing. But sometimes you have play a weak hand and I think…
Striking Affirmative Defenses in the Western District of Washington Federal Court
When TCPA defendants answer lawsuits, they usually include a lot of nonsense affirmative defenses. A TCPA may elect to accept them, or move to strike them. The ‘con’ to moving to strike them is it takes time. The ‘pro’ to moving to strike them is a defendant has more room to conduct discovery on affirmative…
TCPA Plaintiff Elzen is done. Don’t be like TCPA Plaintiff Elzen
Before I get started, I want to make clear I don’t know the actual truth of this case. I don’t know that Mr. Elzen did anything wrong. But in the legal system it is sufficient that he looks like he did wrong. The case is Elzen v. Am. Home Shield Corp., No. 24-C-1206, 2026 LX…
Counterclaims against TCPA plaintiffs is the new normal – how to deal with them and turn them in your favor
As long as there have been TCPA lawsuits, defendants have been cycling back and forth between countersuing and not countersuing the plaintiffs. Defendants – particularly the unsophisticated – see countersuits as an easy way to scare off or create leverage against TCPA plaintiffs. Unscrupulous defense attorneys love them because it will roughly double the defense…
Can you sue telemarketers for unwanted calls initiated to your child’s phone?
These days most minor children have a cell phone, and where there is a cell phone, there is a telemarketer looking to call it. Can parents sue telemarketers for unwanted calls initiated to their child’s cell phone? Telemarketers want to say no, and telemarketers have tried a variety of arguments to kill these TCPA lawsuits….
Bank error in your favor – can you keep it?
It is pretty common that someone mistakenly pays someone else money not owed them. Usually this hits the news when a bank suddenly deposits millions in an account by accident but it happens all the time in ways that don’t. Usually people have a sixth sense to report it and not spend it, but not…
Stop the insanity! Don’t be fooled by shiny badges and pop up “chat” agents on law firm websites
Anyone watching television late at night in the 1990’s will remember Susan Powter’s “stop the insanity” infomercials. Ostensibly a weight loss program, Susan in fact provided an entire self-help program for those who called that number and ordered her books. Recently I’ve been inundated with emails and phone calls from various “organizations” that feel I’m…
Oregon district court denies telemarketer’s cell-phones aren’t residential phone lines MTD with a recitation of caselaw
Oregon federal court isn’t a hot bed of TCPA action, so it was nice to see it slap down a TCPA defendant’s motion to dismiss with a nice recitation of case law post McLaughlin sure to help anyone else filing in the ninth circuit. The case is Wilson v. Hard Eight Nutrition LLC, 2025 U.S….
Avoid counterclaims if you can. Lean into them if you can’t.
I preach playing defensive ball in TCPA lawsuits to avoid counterclaims. But you might run into Joe Delfgauw who testified that he countersues all TCPA plaintiffs. If you can’t avoid the counterclaim, then the only choice left is to make it work for you. Use it to show the jury what an abusive telemarketer Mr….
Stop Debt Collectors with This Powerful Phrase
Dealing with debt collectors can be stressful and overwhelming. Many people feel powerless when they receive calls or letters demanding payment. However, there is a way to regain control and stop unwanted communication from debt collectors using a simple but effective phrase. This blog post will guide you through understanding your rights, how to use…