TCPA

There is a long running $100 shopping rewards voucher / gift card / retail rebate scam out there. The people behind it claim they will send you some sort of card or voucher or certificate worth $100 and all they ask from you is $3.49 or similar small amount just for “shipping and handling”. Lots…

You got unwanted telephone calls, you figured out who is behind it and sent a demand letter or even a telephone consumer protection act summons and complaint. They respond with some sort of “Certificate of Authenticity for Web Leads” / Trusted Form / Jornaya with a bunch of details about some request for calls, and…

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…

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…

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…

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…

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…

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 §…

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…

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…

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…

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…