Please keep in mind that I don’t post this to make fun of anyone. The telephone consumer protection act was written and intended for ordinary citizens to enforce the law, yet it was poorly written and rarely updated. Telemarketing law intersects constitutional rights and is heavily influenced by common law, so it one of the…
Yes yes I get it, dishonest and telemarketing defendant will come off as redundant to many people. But there are different levels of stupid dishonesty telemarketing defendants are willing to sink to, and in TCPA litigation you need to know your case so well that you can pounce on every stupid lie your TCPA defendant…
They won’t stop calling, but the court won’t just take your word that you identified who is calling you and how many times they called. Document your calls like a pro to hold intrusive telemarketers accountable for TCPA violations. If you are like many other Americans, telemarketers have harassed you for years. They often ignore…
The holy grail of TCPA lawsuits is getting the trebled damages. The TCPA plaintiff in Tatum vs. New York Tribeca Group, 2025 WL 1864961 (E.D. Tex. July 7, 2025) came very close but didn’t quite get there. Let’s look at his case and see what we can do to be better next go around. Mr….
Washington State’s Commercial Electronic Mail Act doesn’t just apply to text messages, but can also apply to emails. It is a law that doesn’t get enough use: “No person may initiate the transmission . . . of a commercial electronic mail message . . . [to] a Washington resident that: . . . (b) [c]ontains…
This is part of of what might be a long running series of what to do when dealing with unethical TCPA defense attorneys. See part 1 here. In our current episode, Part 2, we pick up after the judge ordered Mr. Delfgauw shall promptly re-produce his interrogatory responses with an attestation under oath that complies…
The telephone consumer protection act was envisioned as a law where normal citizens would bring telemarketers to account in court. The law did not provide for attorney fees and the damages were so nominal there really wasn’t enough money in them to justify hiring a lawyer to bring them. We don’t teach court procedure in…
Your telephone consumer protection act lawsuit is likely to involve you propounding interrogatories to your TCPA defendant – a written question or set of questions, sent by one party in a lawsuit to another, that the recipient must answer under oath. The under oath part comes from FRCP 33(b)(3). (state court will follow state civil…
Credibility is always a potential issue in telephone consumer protection act litigation, and it often plays out in class action lawsuits during the certification process because the class representative(s) must be representative of the class. TCPA lawsuit Morales v. Sunpath, 2025 WL 2020053 (D. De. July 11, 2025) illustrates the issue. Three plaintiffs brought a class…
TCPA defendants HATE discovery and almost reflexively file 12(b)(6) motions to dismiss. Then they frequently try to stay discovery while the 12(b)(6) motion is pending. Will it work? Should it work? Lets look at it through some cases in the ninth circuit, starting with a 2011 case that has reverberated through many opinions in the…
There are many pro-se telephone consumer protection act plaintiffs going after illegal calls in civil lawsuits, and discovery is particularly important in these cases. Even seasoned lawyers struggle with making ‘perfect’ discovery requests that can’t be reasonably objected to, so pro se TCPA plaintiffs routinely receive objections to discovery requests and have to overcome them….
Recently my law clerk Nathen Barton made the news for obtaining a $130,900 default judgement against Richardson Marketing Group LLC, an Ohio company, in a Washington State federal court. The opinion in Barton v. Real Innovation, 2025 WL 1993193 (W.D. Wash. July 17, 2025) highlights my thoughts on obtaining jurisdiction over out of state defendants….
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