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This is part of my long running series on how telemarketing really works. Many TCPA plaintiffs wonder how how TCPA defense attorneys spend their time, and what defendants pay (or should pay). Lawsuit Barton v. Real Innovation, 2025 WL 1993193 (W.D. Wash. July 17, 2025) can give us a peek under that hood. First, some…

The litigants driving my watch how you litigate stories and watch what you say stories probably wouldn’t realize the articles are addressing their choices, but they are still drive-slowly-by-while rubbernecking worthy. As these stories go, Mr. Matthew Weiss’s choices, and his escape from any really meaningful consequences, bear a closer look. As always, lets start…

This is another article in my series on how telemarketing really works. Most unwanted phone calls start from a supposed website opt in. Telemarketers always claim the owner of the phone number went to some garbage website that doesn’t appear in Google’s search results and entered there phone number with a request for calls. Just…

This is another article in my series on how telemarketing works. In the McCrae-Coley litigation with case number 3:21-cv-05610, Joe Delfgauw testified that they verified individual opt ins were real or fraudulent based on the statistics of the opt out rate: Q: What does? . . . what process, if any, do you go through…

This is part of my long running series on how telemarketing really works. When called to account for unwanted sales calls, telemarketers are quick to claim the consumer is the one who asked for the calls. They will usually provide a date, time, IP address, and sometimes device information for the supposed opt in. Here…

Most attorneys think all non-attorney’s are idiots who will be beat with ease. In response, some pro-se plaintiffs feel they need to convince the defense attorney they aren’t stupid. I am not sure that’s a great idea. I think many pro se’s would be best off hiding their abilities as long as possible. Let the…

This is part of my long running series on how telemarketing really works. Serially successful Telephone Consumer Protection Act plaintiffs typically pick up a ‘fan club’ of angry telemarketers who, since they can’t win in court, try to win outside of court. This case offers some lessons in the best practices of investigating unwanted calls…

I don’t know if this pro se telephone consumer protection act caseEscano v. Concord Auto Protect, Inc., No. 2:21-223 MV/GJF, 2025 LX 396631 (D.N.M. Aug. 19, 2025) is funny or sad. It might be funny in that a pro se sued for unwanted calls, one defendant got the case dismissed, another got a judgment on…

Have you ever met someone who just can’t tell the same story twice? If so, you might have met Joe Delfgauw. It seems that what ever story he thinks will solve his problem of the moment comes out his mouth, regardless of how it squares with what he said before. That lack of ethics came…

I’ve previously written about the important distinctions between admissions and stipulations here and here. If there is one thing judges don’t like, it’s not having options. Tied hands. Forced actions. Having to find for a party when they would prefer to help the other. This played out when the defendants in the Nathen Barton v…

Many telemarketers must be all abuzz today with the ruling in Jones, et al. v. Blackstone, 2025 WL 2042764 (C.D. Ill. July 21, 2025). The case background is multiple plaintiffs sued Blackstone Medical Services LLC alleging violations the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227(c) because they received telemarketing text messages and calls to…

I have written quite a few blog posts on different topics, so it is time to organize them into different topics, if only for myself. Documenting Telemarketing calls/texts Voice calls Text messages Link Fighting off lawsuits Filing an Answer Vacate a default judgment Credit card lawsuits Garbage counterclaims Statute of Limitations Defense from the dark…