Most folks have seen at least the Hollywood version of a deposition, but did you know they come in several flavors? Federal Rule of Civil Procedure 30 governs oral depositions at the federal level, and 30(b)(6) is when organizations – you know, those fictitious entities that only exist on paper and act through agents –…
TCPA lawsuits are one of the more difficult areas to litigate. They typically run a wide range of legal issues, none less complex then because usually the Telemarketer and the Seller are different folks. This causes no end of troubles for many plaintiffs, even those represented by attorneys. Such was the case in Woodward v….
This post is to help folks understand what a sham declaration or affidavit is, and how do you beat one in court. In a nutshell, a sham declaration or affidavit is new testimony (usually in the form of a declaration or affidavit) that contradicts previously testimony (usually deposition testimony) without a reason that satisfies. These…
The TCPA 47 U.S. Code § 227 and the TCPA’s implementing regulations 47 CFR § 64.1200 use the terms “residential line” and “residential telephone line” and “residential telephone subscriber”. For example, § 64.1200(c) says “No person or entity shall initiate any telephone solicitation to: (2) A residential telephone subscriber who has registered his or her…
Hey everyone, I want to do the community a solid and let everyone know not to confuse the business using the logo on the right with our friend Eric Troutman who uses the logo on the left. *** Scroll down to the June 18, 2025 update to see that Troutman is currently on the ropes….
We were doing some legal research today and ran into an interesting situation a TCPA plaintiff has fallen into, and we wanted to share our thoughts on how a similarly situated telephone consumer protection act plaintiff could get past it. The issue is finding the defendant(s) responsible for unwanted telephone calls when all you have…
Scam businesses have a couple of typical characteristics. They are highly profitable because they have little in the way of true expenses. They are run by scumbags willing to do anything to make money, including knowingly ripping people off. And when they get sued, they hire lawyers like themselves. Lawyers who are willing to file…
Today I want to talk about forced arbitration in TCPA lawsuits. Specifically, dodging it. I’ll use several real lawsuits to do it. First is Gilliam v. Prince Health, 2025 WL 1126545 (M.D. Tenn April 16, 2025). Gilliam filed a class action lawsuit against Prince Health Group LLC and a John Doe lead generator for unwanted…
I discussed in this recent article about the relationship between Telemarketers who initiate the calls by which Sellers try to sell you stuff. Generally to hold the Seller responsible for the acts of the Telemarketer you need to employ an agency theory of liability. The legal principle of ratification is often useful in telephone consumer…
About a week ago I discussed the pros and cons of holding telemarketing corporate executives personally liable for the unwanted calls. This case out of the middle district of North Carolina demonstrates how to do it to executives in a larger organization who probably didn’t personally know much about the calls themselves. In TCPA lawsuit…
Most telemarketing calls are initiated by someone other than the seller which is why Congress allowed recipients of unwanted phone calls to hold the telemarketer and the seller accountable together: TCPA 47 U.S. Code § 227(c)(5): “A person who has received more than one telephone call within any 12-month period by or on behalf of…
A frequent topic on this blog is playing defensive ball when suing telemarketers. Sometimes getting countersued is unavoidable due to the nature of the suit. A well know TCPA defense attorney reflexively countersues whenever possible as part of his negotiating style. We can study lawsuits where these claims were defeated to replicate their results. Today…
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