As long as there have been TCPA lawsuits, defendants have been cycling back and forth between countersuing and not countersuing the plaintiffs. Defendants – particularly the unsophisticated – see countersuits as an easy way to scare off or create leverage against TCPA plaintiffs. Unscrupulous defense attorneys love them because it will roughly double the defense…
Investigating telemarketing violations often involves some sort of deception. At the very least it might be staying on the phone listening to the sales agent when internally you know you didn’t want the phone to ring. And for the most part garden variety deception is fine. The patron saints of telemarketing often don’t like it…
We have a lady who is being suit for $1,300 and the dirty bastards didn’t actually serve her, and she found out about it before the default judgement hearing. If you are also in a similar situation, we have recommendations. Default vs Default JudgmentIt is easy to get confused by “default” and “default judgment”. A…
A lot of my blog is dedicated to how to plead vicarious liability and for good reason, many pro se TCPA plaintiffs don’t do it correctly and get their complaints dismissed as in the recent example of Smith v. GetMeHealthCare, LLC, No. 5:25-cv-568-SPC-PRL, 2025 LX 657825 (M.D. Fla. Dec. 31, 2025). This is an unsolicited…
Understanding the TCPA and Its Implications Have you ever had a plaintiff from hell? One who somehow convinced the likes of Scott Edelsberg and Chris Gold, along with five other attorneys, to represent him in a case that left them all asking what the hell? That case is Faucett v. Move, Inc., No. № 2:22-cv-04948-ODW…
A bunch of insurance companies have a great little scam going. They employ the use of insurance agents, who then in turn employ the use of telemarketers. The insurance companies give the insurance agents the use of their computer system to quote and sell their insurance, but when sued for the tcpa-violating telemarketing calls, disclaim…
TCPA lawsuit Klassen v. Solidquote, 2025 WL 3516275 (D. Co. Nov. 19, 2025) demonstrates what happens when a TCPA case isn’t built very well and it opens the door to a patron saint of telemarketing looking out for their own. First, the background. Everything is taken from the court filings, I have no personal knowledge…
Often clients want to get their bankruptcy filed right away, but it is important that the information in your bankruptcy petition is complete and accurate. If it’s not, you’ll have to amend filings and that just makes your bankruptcy take longer. Without an accurate look at your numbers we also would run the risk of…
I am always fascinated when lead generators and telemarketers eat each other in court, so I recently checked in to see how the whole Final Expense Direct vs Python Leads case was shaping up. As usual I start with the background. All the “facts” in this article are taken from the court filings, I have…
Telemarketers often like to play a game – make a bunch of consumer unfriendly terms they are ashamed to show, so they hide them where consumers won’t see them. But then when sued, they try to enforce the terms. Many courts can’t stomach it, the latest being Ferrell v. Snapcommerce Holdings, Inc. 2025 WL 3280992…
Telemarketer Deryck D. Richardson went on a podcast and told the world that if his company, Richardson Marketing Group, was held accountable for telemarketing violations, he would just shut down the company and start a new one doing the same thing. So it was fitting that TCPA plaintiff Nathen Barton held him personally responsible for…
Yahoo Finance just ran a story “Dave Ramsey tells homeless, unemployed Ohio man with $14K debt there’s no point declaring bankruptcy.” I just had to read it and give my reaction. A Mr. Toby gave Mr. Ramsey a call. Toby is homeless, unemployed and saddled with $14,000 in debt of which nearly half is a…
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