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Who pays the price of litigation. Or at least subpoena compliance?
The subpoena is a powerful document in litigation. It is a court order (when used properly) requiring a non-party to do things like produce documents. Some entities get subpoena’ed all the time, and they have turned subpoena compliance into a profit center. They will send a bill along with the requested documents, or a letter…
Fighting Off Garbage Counterclaims in TCPA Lawsuits: A Comprehensive Guide
Telemarketing is a lifeline for many businesses. However, it also opens the door to them picking up lawsuits under the Telephone Consumer Protection Act (TCPA) which of course they don’t like. A popular YouTube channel take the call documents unsolicited calls and exposes the sellers responsible. The take the call creator often encounters the same…
TCPA lawsuit: She says artificial or pre-recorded voice, he says no
Most folks know a robocall when they hear it. The Telephone Consumer Protection Act regulates calls utilizing artificial or pre-recorded voice, so many TCPA defendants try to argue that they didn’t place calls using it. So what happens when the listener knows what they heard, but the telemarketer denies it? Such is the case of…
When is your debt time-barred (past the statute of limitations)?
If you fall behind on paying your debts, the people you owe have a certain amount of time to pursue it in court, or the debt becomes what is called time-barred, or past the statute of limitations. But if your debts include national banks and credit cards, this can become more complicated than just looking…
Can a TCPA defendant demand to examine your cell phone?
Telephone consumer protection act defendants typically don’t have a lot of great defensive options. They made the calls or they didn’t. They were selling selling something or they weren’t. So many of their defense tactics are to harass the TCPA plaintiff, and one of those tactics is to demand unfettered access to the cell phone…
Compelling responses in discovery – motivating TCPA defendants to fully answer discovery requests
Most telephone consumer protection act plaintiffs that get to the discovery phase find out this is the most difficult part of litigation. Defendants are very creative in not answering questions because they know that if they can get through discovery without giving up information, they’ve basically won. I have another article on the subject that…
A TCPA defendant is demanding my tax returns in discovery. Do I have to give them over?
There comes a time in every serial TCPA plaintiff’s life that a desperate TCPA defendant’s defense attorney has a novel thought – he read somewhere that 47 U.S. Code § 227(c) claims only apply to “residential phone lines”, not businesses. And a lightbulb goes off – he’ll argue that the plaintiff’s sequential telephone consumer protection…
How can AN ATTORNEY’S Debt COLLECTION Defense Strategies Protect Your Financial Future?
Managing debts can feel overwhelming, especially when financial burdens weigh heavily on your shoulders. Whether it’s student loans, credit cards, or mortgages, almost everyone encounters debt at some point. With rising economic uncertainty and fluctuating markets, grasping how debt defense strategies can safeguard your financial future is more important than ever. By effectively implementing these…
Uncovering the 5 Most Common FDCPA Violations: When Collection Agencies Cross the Line
The Fair Debt Collection Practices Act (FDCPA) was created to protect consumers from unfair and abusive practices by debt collectors. Unfortunately, many collection agencies routinely violate these regulations, causing significant distress for individuals like you and me. Understanding these violations is vital because it can empower you to defend your rights and seek justice when…
Defending against or attacking with a motion to strike
What if there was a tool to get rid of an opponents arguments, claims, or defenses that you don’t like? Did you know it can be done in specific circumstances, and it probably should be done in specific circumstances? Federal Rule of Civil Procedure 12(f) provides that the court “may strike from a pleading an…
How much notice before a deposition is reasonable?
A deposition is a legal process where a witness is questioned under oath, outside of court, by attorneys involved in a case, with a court reporter present to record the testimony, often used for discovery and evidence preservation. Typically you will know you’ve been invited to one by receiving a notice of deposition or a…
Recovering statutory damages for each violation of TCPA 47 U.S. Code § 227
Many regulations implementing the telephone consumer protection act are promulgated under 47 U.S. Code § 227(c). Such as violations of the FTC’s national do not call list, call time restrictions, and identifying the caller and who they are calling for. § 227(c)(5) says: A person who has received more than one telephone call within any…