TCPA

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 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…

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….

Our good friend Eric Troutman once professed that every time a Telephone Consumer Protection Act case gets dismissed, an angel gets its wings. Today he wrote an article about a TCPA pro-se plaintiff’s lawsuit getting dismissed. “BACK TO BASICS: Court Dismisses Plaintiff’s TCPA Case Against Liberty Bankers On the Simplest Possible Grounds–But Its Lawyers Missed…

This is unsolicited review of a telephone consumer act pro-se plaintiff’s complaint. I chose this complaint because it fits the theme of another recent blog post – are confirmation text messages actionable under the TCPA. First, the standard disclaimers. I practice in the ninth circuit and I will look at it through the lens of…

One of the themes of this blog is playing defensive ball, and not letting the other side rack up easy points from unforced errors. So lets look at a fair debt collection practices act case that teaches pro-se plaintiffs in particular to stop self snitching, Scroggin v. Credit Bureau of Jonesboro, Inc., 973 F. Supp….

If you deal with enough scammers and telemarketers, you will run into witnesses who refuse to testify. The correct thing to do is use the power of the court to compel them to answer. Lets start with ninth circuit case Barnett v. Norman, 782 F.3d 417, 420 (9th Cir. 2015). Prisoner Barnett and two prison…

I just wrote a different post on who bears the expense of responding to subpoenas, and someone pointed me to the story of a pro-se TCPA plaintiff hit with an eleven thousand and change sanction over some subpoenas he issued. This happened to an experienced telephone consumer protection act plaintiff Craig Cunningham in Cunningham v….

If the TCPA plaintiff doesn’t ask for much, many telemarketers will settle quickly. But some want to fight every lawsuit, and if the settlement cost is too high, they may also decide to fight it out. This strategy is not unreasonable because many pro se TCPA plaintiffs don’t really know how to get their claims…

One of the regulations implementing the Telephone Consumer Protection Act is 47 CFR § 64.1200(d): No person or entity shall initiate any artificial or prerecorded-voice telephone call pursuant to an exemption under paragraphs (a)(3)(ii) through (v) of this section or any call for telemarketing purposes to a residential telephone subscriber unless such person or entity…