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Reprise Financial is getting spanked because telemarketers won’t double opt in
Reprise Financial must be steaming mad as their motion for summary judgment was denied on the claim they really wanted in Wilson v. Skopos Fin., LLC, No. 6:25-cv-00376-MC, 2026 LX 167521 (D. Or. Mar. 24, 2026). Where did things for Reprise Financial go wrong? Well a Brian – and with no connection to the plaintiff…
Put care into what you say on the phone and in your complaint
Experienced TCPA plaintiffs know to mindful when speaking to telemarketers and writing their complaint, and recent TCPA lawsuit Clemens v. Consumer Sol. Ctr., No. 1:21-cv-1002 (RDA/LRV), 2025 LX 351094 (E.D. Va. Aug. 22, 2025) illustrates why. First, some background. Mr. Clemens is the user of a cell phone registered to his wife and registered on…
New survey says your fence sits on your neighbors property in Washington State – adverse possession?
Here is all to common situation you purchase a house. You and your neighbor think you know where the property line is, and either the house comes with a dividing fence, or you build one. Time goes by, and maybe the neighbor changes, a new survey is done, and lo and behold, it seems your…
Preventing telemarketers from discharging their debt in bankruptcy
any telemarketers envision their life-cycle as make illegal calls, get sued, file bankruptcy, make more illegal calls, get sued, . . . Telemarketer John Preston Thompson has completed one full cycle. He illegally called Diana Mey, got sued, and then filed for bankruptcy to discharge his illegal telemarketing judgement debt. Ms. May sued two men…
Playing hardball – my thoughts on a telemarketer playing games with a subpoena
Someone recently ran a situation by me to see what they thought I would do in their situation and I thought it would make a good blog post. Here is the setup. Plaintiff got calls from a Telemarketer pitching products for a Seller. Plaintiff has reason to believe the Telemarketer is a “one stop shop”…
Are calls not selling anything actionable under the TCPA? Asked in a different way, Do non-solicitation phone calls mean you have to change your phone number if Walmart wants to keep calling you?
I discussed earlier how real estate companies often argue they are exempt from telemarketing laws if they are calling to try and buy your house. They have had some success with that argument in the past, and while some courts are showing a shift in their thinking, it is far from universal. For example, see…
Pinnacle Home Improvements deceived its website visitors “because consumers want to believe they are receiving personal attention”
If you saw this on a website, would you think you were talking to a real person? Pinnacle Home Improvements of Georgia put this on their website. I think most people would think there was a live person behind that chat box. Maybe sitting in the USA, maybe not, but a live person. And you…
Narrow the scope of overbroad TCPA defendant subpoenas
TCPA defendants feel a lot of pressure to use dirty litigation tactics because they generally have a weak hand. So they want to get your tax returns and hope they can learn something they can apply pressure to, or get unfettered access to your computer devices. We strongly recommend playing along with much of this….
Illinois self help car repo flies back in tow truck driver’s face
Here is a crazy repossession case I have to cover, Roberts v. Image Recovery Serv., Inc., No. 24-cv-01119-JPG, 2025 LX 415142 (S.D. Ill. Oct. 10, 2025). In 2022 the plaintiff, a Ms. Roberts, purchased a 2018 Chevy Equinox through a loan from Bridgecrest Acceptance Corporation. She financed $24,817 and the terms of the loan included…
Another TCPA defendant gets away for not understanding how to build a case
Our friend Eric Troutman derides #biglaw for blowing the chances of their clients. Funny enough, I see the same thing on the plaintiff’s side. And sometimes I can’t tell if a person walked in with a bad case that couldn’t be fixed, or if the lawyer they went to didn’t know what was wrong and…
I just helped negotiate a six figure TCPA settlement
It feels great to help a client who has been harassed with hundreds of unwanted telephone calls get compensated, but I am writing this post to share a bit on what made it possible – good evidence. The client followed the call and text documentation procedures I outline here and here, so I had great…
Mortgage servicers charging extra for payments by phone can be a FDCPA violation
Often you can tell if you are dealing with a scammer business or entire industry if they charge extra for “convenience fees”. Businesses that like their customers usually want to offer convenient payment methods. The 11th circuit recently had to decide if if a mortgage servicer charging “convenience fees” for taking payments online or by…