Blog
Washington State’s CEMA prohibits the use of any false or misleading information in the subject line of a commercial e-mail
Washington State’s Commercial Electronic Mail Act doesn’t just apply to text messages, but can also apply to emails. It is a law that doesn’t get enough use: “No person may initiate the transmission . . . of a commercial electronic mail message . . . [to] a Washington resident that: . . . (b) [c]ontains…
Unethical TCPA defense attorneys – what can you do PART 2?
This is part of of what might be a long running series of what to do when dealing with unethical TCPA defense attorneys. See part 1 here. In our current episode, Part 2, we pick up after the judge ordered Mr. Delfgauw shall promptly re-produce his interrogatory responses with an attestation under oath that complies…
Understanding Bankruptcy: Your Essential Guide
We post quite a few articles about the TCPA, FDCPA, and other consumer-based legal issues. Clients have been telling us that some basic information about bankruptcy would be helpful. Here’s a brief rundown of some common questions clients often have. Keep in mind this is not an exhaustive list, nor is it custom-tailored to a…
Give the right vibe when representing yourself in a TCPA lawsuit
The telephone consumer protection act was envisioned as a law where normal citizens would bring telemarketers to account in court. The law did not provide for attorney fees and the damages were so nominal there really wasn’t enough money in them to justify hiring a lawyer to bring them. We don’t teach court procedure in…
Force your TCPA defendant to sign his interrogatory lies under oath
Your telephone consumer protection act lawsuit is likely to involve you propounding interrogatories to your TCPA defendant – a written question or set of questions, sent by one party in a lawsuit to another, that the recipient must answer under oath. The under oath part comes from FRCP 33(b)(3). (state court will follow state civil…
Keeping your hands clean in TCPA litigation
Credibility is always a potential issue in telephone consumer protection act litigation, and it often plays out in class action lawsuits during the certification process because the class representative(s) must be representative of the class. TCPA lawsuit Morales v. Sunpath, 2025 WL 2020053 (D. De. July 11, 2025) illustrates the issue. Three plaintiffs brought a class…
TCPA Defendant wants to stay discovery pending 12(b)(6) motion
TCPA defendants HATE discovery and almost reflexively file 12(b)(6) motions to dismiss. Then they frequently try to stay discovery while the 12(b)(6) motion is pending. Will it work? Should it work? Lets look at it through some cases in the ninth circuit, starting with a 2011 case that has reverberated through many opinions in the…
Oregon non-profit hospitals can’t send you to collections until they consider your financial status
Similar to Washington State’s law on sending patients to collections without considering their financial situation, Oregon also has a law. Lets expore it through lawsuit Reiger v. St. Charles Health Sys., 2025 U.S. Dist. LEXIS 112863, 2025 LX 150536, 2025 WL 1676534. The court recounts how nonprofit hospitals require nonprofit hospitals to limit charges and…
Federal judge spanks collection agency
I ran across a great case I had to share Ladunskiy v. Anderson & Assocs. Credit Servs., LLC, 2025 U.S. Dist. LEXIS 116636, 2025 LX 106701 not just because the plaintiffs got justice against an abusive collection agency, but they recovered damages for the emotional stress the collection agency caused. The Ladunskiy complaint quickly sums…
Can your TCPA defendant blow off imperfect discovery requests?
There are many pro-se telephone consumer protection act plaintiffs going after illegal calls in civil lawsuits, and discovery is particularly important in these cases. Even seasoned lawyers struggle with making ‘perfect’ discovery requests that can’t be reasonably objected to, so pro se TCPA plaintiffs routinely receive objections to discovery requests and have to overcome them….
Hauling out of jurisdiction telemarketers into your local court – A Federal Judge has thoughts
Recently my law clerk Nathen Barton made the news for obtaining a $130,900 default judgement against Richardson Marketing Group LLC, an Ohio company, in a Washington State federal court. The opinion in Barton v. Real Innovation, 2025 WL 1993193 (W.D. Wash. July 17, 2025) highlights my thoughts on obtaining jurisdiction over out of state defendants….
Hospitals in Washington State can’t collect until they consider your financial status
Did you know that hospitals in Washington State must consider your financial status before collecting? There are a couple different laws regulating this. One is Washington State Administrative Code WAC 246-453-020 Initiation of collection efforts “shall be precluded pending an initial determination of sponsorship status”—i.e., until a person is screened for charity care eligibility. There…