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Federal Judge knocks out telemarketer Joe Delfgauw
Have you ever met someone who just can’t tell the same story twice? If so, you might have met Joe Delfgauw. It seems that what ever story he thinks will solve his problem of the moment comes out his mouth, regardless of how it squares with what he said before. That lack of ethics came…
Admissions vs Stipulations, Corrupt vs Dumb Lawyers
I’ve previously written about the important distinctions between admissions and stipulations here and here. If there is one thing judges don’t like, it’s not having options. Tied hands. Forced actions. Having to find for a party when they would prefer to help the other. This played out when the defendants in the Nathen Barton v…
Federal Judge rules that silence is a binding contract to arbitrate
In a ruling that will shock absolutely no one who watches federal judges in telephone consumer protection act cases, a court ruled that a consumer consented to arbitration by not responding to a text message with arbitration terms. The case is Thompson v. Brew Culture, LLC, No. 3:24-CV-331-HTW-LGI, 2025 U.S. Dist. LEXIS 148060 (S.D. Miss….
Can telemarketers telephone solicit via text messages with impunity now? Probably not.
Many telemarketers must be all abuzz today with the ruling in Jones, et al. v. Blackstone, 2025 WL 2042764 (C.D. Ill. July 21, 2025). The case background is multiple plaintiffs sued Blackstone Medical Services LLC alleging violations the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227(c) because they received telemarketing text messages and calls to…
Why most Social Security Funds Can’t Be Garnished
Social Security funds provide a critical financial safety net for millions of Americans, particularly the elderly, disabled, and surviving family members. These funds are protected from garnishment under federal law, ensuring recipients can rely on them for essential living expenses. This document explores the reasons behind these protections, the legal framework, and the exceptions to…
A do it yourself guide on filing an Answer in Washington/Oregon State
Some of our clients are being sued for such small amounts it doesn’t really make sense to hire an attorney. Paying as much or more than the lawsuit is asking for isn’t sensible. If you are being sued, you need to file an Answer to avoid being defaulted, and then a default judgment entered against…
Our litigation self help posts organized into links
I have written quite a few blog posts on different topics, so it is time to organize them into different topics, if only for myself. Documenting Telemarketing calls/texts Voice calls Text messages Link Fighting off lawsuits Filing an Answer Vacate a default judgment Credit card lawsuits Garbage counterclaims Statute of Limitations Defense from the dark…
Using AI to do your legal research is playing with fire – a cautionary tale
Please keep in mind that I don’t post this to make fun of anyone. The telephone consumer protection act was written and intended for ordinary citizens to enforce the law, yet it was poorly written and rarely updated. Telemarketing law intersects constitutional rights and is heavily influenced by common law, so it one of the…
Dishonest telemarketing defendants – what can you do?
Yes yes I get it, dishonest and telemarketing defendant will come off as redundant to many people. But there are different levels of stupid dishonesty telemarketing defendants are willing to sink to, and in TCPA litigation you need to know your case so well that you can pounce on every stupid lie your TCPA defendant…
How to document telemarketer phone calls for a lawsuit
They won’t stop calling, but the court won’t just take your word that you identified who is calling you and how many times they called. Document your calls like a pro to hold intrusive telemarketers accountable for TCPA violations. If you are like many other Americans, telemarketers have harassed you for years. They often ignore…
Get your TCPA trebled damages
The holy grail of TCPA lawsuits is getting the trebled damages. The TCPA plaintiff in Tatum vs. New York Tribeca Group, 2025 WL 1864961 (E.D. Tex. July 7, 2025) came very close but didn’t quite get there. Let’s look at his case and see what we can do to be better next go around. Mr….
Sixth circuit breaths a smidge of life into ATDS TCPA claims
The telephone consumer protection act prohibits using automatic telephone dialing systems – equipment that can to store or produce telephone numbers to be called, using a random or sequential number generator, then dial them – without consent. But the brute force random dialers or sequential dialers either kinda died, or moved to India. Generally USA…