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Have you consented to telemarketing calls without realizing it?
Have you given the gift of consent to a telemarketer without realizing it? The Ninth Circuit Court of Appeals has said the purpose of the TCPA (Telephone Consumer Protection Act) “aims to curb a particular kind of call: a call that a person does not expect to receive”. However your personal definition of unexpected calls…
Dobronski nails telemarketers for $118,999.50!
Mark Dobronski is a skilled TCPA litigant and he took EGV Companies, Inc. (among others) to the cleaners for alleged illegal telemarketing calls. Including attorney fees, EGV paid out $118,999.50. Way to go Mark! Not only is EGV likely to pay a little more attention to calling with consent, they turned around and sued BTB…
Get evidence your TCPA defendant is behind the call or your case may be dismissed
Did you know the patron saint of accountants is St. Matthew? And that the patron saint of locksmiths is Peter the Apostle? And that many a patron saint of telemarketers is a federal judge? Why do I say this? Because many federal judges will say whatever is needed to look after a telemarketer and protect…
FTC warns of “DARK PATTERNS” being used to invade privacy. Is Walmart is using similar methods to DRIVE text messages?
In 2022, the Federal Trade Commission warned of “dark patterns” being used: “design tricks and psychological tactics, such as pre-checked boxes, hard-to-find-and read disclosures, and confusing cancellation policies, to get consumers to part with their money or data” The FTC mentioned “Many companies, for instance, are able to hide important information from consumers on their…
Discover Telemarketing Scams and Their Scripted Calls
Do you recognize one of these telemarketing scripts? These are recent robocalling scripts that we are actively tracking. We are either in the process of identifying who they are calling for or we already know who they are calling for, as we build a case against them. If you have received similar calls, please let…
Freedom Forever LLC picks another fight with Anton Ewing?
Anton Ewing and Freedom Forever LLC have a long history of contentious litigation including at least one countersuit from Freedom Forever. There was a period of time earlier this year that all the litigation between them seemed over. Given that Freedom Forever’s mission is installing solar panels, not fighting with TCPA plaintiffs, I would have…
Denied! Federal court won’t let telemarketer redefine ‘called party’
Telemarketers are pushing three legal strategies: They are all dangerous in their own way, but if they achieve #3, all telemarketers have to do to evade liability for unwanted phone calls is buy a wink wink nod nod fake opt in, then dial away. Then when hailed into court and the fakeness of the opt-in…
Federal judge runs interfearance for telemarketer
Judges all too often use their power to protect telemarketers and here is what appears another blatant example. Luckau v. Sunrun, 2025 WL 1797249 (N.D. Cal. June 30, 2025). Mr. Luckau alleges that he registered his phone number on the national do not call registry, and then he received two unsolicited calls that resulted in…
Federal judge rewards Savings Bank Mutual Life Insurance Company of MA for placing illegal calls-TCPA vicarious liability gone awry
Another day, another judge rewarding The Savings Bank Mutual Life Insurance Company of Massachusetts for using illegal calls to generate business. The case is Gonzalez v. Savings Bank Mutual Life Ins. Co. of Mass., No. EP-24-CV-00289-DB, 2025 WL 1145266 (W.D. Tex. Apr. 15, 2025). Ms. Gonzalez received a number of robocalls soliciting life insurance. The…
Defend your default judgment against a motion to vacate
I’ve written about getting a default judgment, and it is time to write about how to keep it. Keeping it is the next step, and in this part one of two series, I’ll show you a real world example. My law clerk Nathen Barton got a default judgment against Insurance Supermarket Inc, and they then…
Federal judge hammers construction firm for deceptive website
Earlier I posted about how Pinnacle Home Improvements was trying to duck a telephone consumer protection act lawsuit by claiming the “live person” chat box on its website was secretly a robot and they can’t be held responsible for knowing the information their chat box robot takes in. Yes a dumb argument sure to be…
Federal judge gives roadmap to hammer sellers for the illegal calls of their telemarketers
Most illegal calls these days are initiated from telemarketers over in the third world. One company calls, another company screens, and if they think they found a customer, they transfer you to an American company to close the deal.That is the general fact pattern in Hossfeld v. Allstate Ins. Co., No. 20-CV-7091, (N.D. Ill. Mar….