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I’ve been following the telemarketing lawsuit case Barton v. Delfgauw, 3:21-cv-05610 in the Western District of Washington for a while. Last week I wrote about how it is setting up for a dramatic ending. Last Friday the defense filed one of the most idiotic motion’s I’ve ever seen, and over the weekend the plaintiff filed a…

In a telemarketing lawsuit I’ve been watching for a while, case Barton v. Delfgauw, 3:21-cv-05610 in the Western District of Washington is setting up for a dramatic ending. The Court paints the scene in Dkt. 416: This is a long running action under the Telephone Consumer Protection Act (“TCPA”). Plaintiff alleges that Defendants sent marketing…

Our friend Eric Troutman reported that #biglaw‘s arguments in Harriel v. Bealls, Inc., No. 8:25-cv-1165-TPB-SPF, 2025 U.S. Dist. LEXIS 158157 (M.D. Fla. Aug. 15, 2025) were so cringe he didn’t want to read it. Of course that made me want to read it real bad, and if I’m going to read it, I’m going to share!…

The great Jimmy Cliff once sang “the harder they come, the harder they fall.” I experienced a similar phenomenon when a collection agency came after me and, oh boy, did they fall. I had commenced a FDCPA lawsuit on behalf of a consumer and in response the collection agency made third-party claims against me and…

I wrote a few weeks ago a post warning about using AI to write your papers without checking all the citations yourself, and then this recent ruling came to my attention, Mavy v. Comm’r of SSA, No. CV-25-00689-PHX-KML (ASB), 2025 LX 361996 (D. Ariz. Aug. 14, 2025). I am not particularly familiar with what the…

Samual Katz is a long-time pro at the pro-se game and he demonstrated why in Katz v. Allied First Bank, No. 22 C 5277, 2026 LX 147306 (N.D. Ill. Mar. 6, 2026). He also had a great team, being represented by Mr Perrong and Mr. Peronich. First, the background. I have no personal knowledge of…

There have been some good telephone consumer protection act rulings lately, so the universe apparently decided to balance it out with some insanity. Take Kelly Usanovic v. Americana, L.L.C., No. 2:23-cv-01289-RFB-EJY, 2025 WL 961657 (D. Nev. Mar. 31, 2025). First some background. Americana LLC operates using the trade name Berkshire Hathaway Home Services Nevada Properties…

Here is a pattern we see again and again – consumer gets unwanted calls. Consumer sues telemarketer. Telemarketer claims someone went online and asked for calls. Ok they don’t claim someone did it, they claim the consumer did it, and they want to compel the case to arbitration. Such is the case in Lowell v….

Have you ever felt like TMobile took to long to get to your complaint? So did Mr. Persichetti, but probably unlike you, he did more than just leave a bad review in T-Mobile v. Persichetti 2025 WL 2416172 (GA App. Aug. 21, 2025). Apparently after receiving over 100 solicitation calls, he sued, and T-Mobile didn’t…

Debt can be overwhelming and stressful. When creditors come knocking, it is important to know your rights and options. Debt defense protection offers a way to manage and resolve debt issues effectively. This guide will walk you through the essentials of debt defense protection, how it works, and practical steps you can take to protect…

This blog is here in large part to help pro-se plaintiffs bring better cases so this is an unsolicited review of federal lawsuit Ortega v. Freedom Solar Servs., No. SA-24-CV-00662-FB, 2026 LX 233585 (W.D. Tex. May 15, 2026) which just got dismissed under FRCP 12(b)(6) for failure to state a claim. I pulled the complaint…

One of my favorite YouTube channels Take the Call pulled back the curtains on what it believes is Fast & Easy Marketing LLC out of Florida. https://www.youtube.com/watch?v=mgWnk5LypYE https://www.youtube.com/watch?v=X8yj1fAXjxY Ms. Lindsey noted that there is little information out there on Fast & Easy Marketing LLC out of Florida but that isn’t completely true. I.               Introduction 1.       …