Blog
You need to personally place your phone number on the FTC do-not-call list even if someone else already did it for you
You need to personally place your phone number on the FTC do-not-call list even if someone else already did it for you We noted in our how to gather evidence against telemarketers for court post that it is important that you personally place your phone number on the FTC’s National Do Not Call registry even…
Building TCPA lawsuits that survive Jones v. Royal Admin. Servs
I want to talk about a recent summary judgment loss for the plaintiff in the telephone consumer protection act lawsuit Sapan v. LendingTree, 8:23-cv-00071 (C.D. Cal March 18, 2025), but because trial court predicated the loss on ninth circuit decision Jones v. Royal Admin. Servs., 866 F.3d 1100 (9th Cir. 2017), I need to cover…
Telemarketers must transmit caller identification and there is a private right of action under the TCPA – § 64.1601(e)
I don’t always agree with judges’ rulings, but many judges do strive to follow the law and will reverse themselves when they see they got the law wrong. Such is the case with the recent opinion issued in Dobronski v. SelectQuote 2025 WL 900439 (E.D. Mich February 28, 2025). At issue is 47 CFR §…
Federal court in ninth circuit rules that 47 CFR 64.120(d)(4) was promulgated under 47 U.S.C. 227(c) in big win for pro se plaintiff
47 CFR 64.120(d)(4) is an Achilles Heal for telemarketers. Telemarketers want to hide behind fake names but (d)(4) requires them to identify themselves and who they are calling for. Telemarketers don’t like it one bit, but the question used to be, was there a private right of action to enforce it? “Identification of callers and…
Washington State’s Consumer Electronic Mail Act strikes again
I’ve written previously about Washington State’s commercial electronic mail act (CEMA) prohibition on unwanted text messages, and recently a plaintiff used that law to bring claims against Capital One. Capital One had one of these obnoxious “refer a friend” programs where by a couple clicks and they would send a text to all the contacts…
DOBRONSKI shows how to sue a telemarketer and sellers of final expense for TCPA violations and get past motion to dismiss
Final expense insurance telemarketing calls are going crazy right now because they are very profitable for the sellers. Many people involved in the final expense insurance racket hire telemarketers to call Americans en masse, and if they get someone to answer the phone and not hang up, transfer the person through to some phone agent…
How many interrogatories do you get in a federal court telemarketing lawsuit?
According to FRCP 33(a)(1): Unless otherwise stipulated or ordered by the court, a party may serve on any other party no more than 25 written interrogatories, including all discrete subparts. Suppose in a telemarketing lawsuit you sue the Seller, Telemarketer, and a corporate officer of both. Is that four parties and up to 25 interrogatories…
How to respond to a telemarketers’ motion to dismiss
After a lawsuit is filed with the court, typically defendants can respond with an answer, or a motion to dismiss. Many defendants’ knee jerk reaction will always be a motion to dismiss. It delays the case, which defendants typically like, maybe there is a pleading defect in the complaint, and if nothing else, many of…
Pleading your TCPA case to avoid a motion to dismiss
ow do you hold telemarketers accountable for do not call violations and calling with artificial or prerecorded voice? How do you pursue trebled damages or injunctive relief? You literally plead your case in your in your complaint. But it has to be done in a convincing way. Federal court operates on notice pleading. “Notice pleading”…
I don’t recommend demand letters in TCPA litigation – a cautionary tale
I don’t recommend sending demand letters in lieu of a summons and complaint in TCPA litigation and I am here to do a deep dive on why. Although it seems much easier and cheaper to draft a demand letter versus file a lawsuit, filing a lawsuit can head off a big headache like played out…
KEEPING YOUR HOUSE IN BANKRUPTCY
The homestead exemption is a critical protection mechanism in bankruptcy law, designed to help individuals retain their homes even when they are undergoing financial distress. This exemption places a limit on the value of equity in a debtor’s primary residence that is protected from creditors during bankruptcy proceedings. Here’s a detailed look at how the…
Telephone consumer protection act consent is a straight jacket – make the telemarketer wear it
In 2017 the ninth circuit said “the scope of a consumer’s consent depends on the transactional context in which it is given. The call or text message must be based on the circumstance in which the consumer gave his or her number.” Van Patten v. Vertical Fitness Grp., LLC, 847 F.3d 1037, 1040 (9th Cir….