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Many regulations implementing the telephone consumer protection act are promulgated under 47 U.S. Code § 227(c). Such as violations of the FTC’s national do not call list, call time restrictions, and identifying the caller and who they are calling for. § 227(c)(5) says: A person who has received more than one telephone call within any…

You need to personally place your phone number on the FTC do-not-call list even if someone else already did it for you We noted in our how to gather evidence against telemarketers for court post that it is important that you personally place your phone number on the FTC’s National Do Not Call registry even…

I want to talk about a recent summary judgment loss for the plaintiff in the telephone consumer protection act lawsuit Sapan v. LendingTree, 8:23-cv-00071 (C.D. Cal March 18, 2025), but because trial court predicated the loss on ninth circuit decision Jones v. Royal Admin. Servs., 866 F.3d 1100 (9th Cir. 2017), I need to cover…

47 CFR 64.120(d)(4) is an Achilles Heal for telemarketers. Telemarketers want to hide behind fake names but (d)(4) requires them to identify themselves and who they are calling for. Telemarketers don’t like it one bit, but the question used to be, was there a private right of action to enforce it? “Identification of callers and…

It can be a good idea to personally name corporate officers involved in illegally telemarketing you. Many telemarketers use corporations as a disposable appendage. If they get hit with a large lawsuit their plan is to dump the old corporation and start a new one. “We’ll be another business in three minutes”. In these situations…

This article complements my article on documenting what telemarketers are calling you, and is intended to have some suggestions on how to find out what telemarketers are texting you. I suggest you read that article as well before you do anything as there is overlap between them. In many ways, getting to the bottom of…

A lesser known restriction in the Telephone Consumer Act’s implementing regulation 47 CFR § 64.1200(c): No person or entity shall initiate any telephone solicitation to: (1) Any residential telephone subscriber before the hour of 8 a.m. or after 9 p.m. (local time at the called party’s location) Who can’t take advantage of the law? Hint,…

In a past blog article I wrote about admissions vs stipulations, and the inherent weaknesses of admissions. Admissions in federal court have another weakness, they bind both parties. Let’s look at FRCP 36(b): Effect of an Admission; Withdrawing or Amending It. A matter admitted under this rule is conclusively established unless the court, on motion,…

California has a strict invasion of privacy law commonly known as CIPA. It provides a statutory award of $5,000 for recording a call without permission. But who exactly can pursue a claim under it for calls recorded without permission? It is only for individuals who where inside of California at the time the call was…

This is an unsolicited review of pro-se plaintiff Farbod Moghadam’s second amended complaint against Alleviate Tax LLC alleging violations of the Telephone Consumer Protection Act (TCPA) in the New Jersey federal district court. First, I congratulate him for having the moxie to stand up against telemarketers. The Troutman law firm is defending Alleviate so he…

I had the privilege to be in a consulting role in a six figure TCPA settlement that went down in the last few days and I thought the overall situation had a lessons useful to other recipients of unwanted telemarketing phone calls. Jane received a number of calls where the callers sounded like they were…

I recently blogged about why you might want a 30(b)(6) deposition in a telemarketing case, and how as part of preparing for that, the party asking for the deposition must first notice the organization of the deposition topics, and then of course must ask questions of the organization during the deposition. A 30(b)(6) deposition is…