A frustrating result in some of my consumer advocacy work is seeing corporate executives perpetrate frauds and torts, and only the company they work for gets punished. And that is rare enough. I mostly practice in Washington State and our courts try to discourage this behavior by allowing plaintiff’s to name corporate officers if they…
It is surprising how many attorneys write poor complaints that get rejected at the motion to dismiss stage. Here is another one and it cost the plaintiff in the case big. In telemarketing lawsuit Anderson v. Farmers Insurance, 2024 WL 4656218 (N.D.Ok. Nov. 1, 2024), plaintiff Anderson registered his phone number on the national do…
The three common written forms of lawsuit discovery are interrogatories, requests for documents, and requests for admissions (RFAs). The purpose of RFAs are generally to establish the truth of certain facts or the authenticity of documents before a trial so that they you don’t waste a lot of time with establishing known or undisputed facts…
Fundamentally, a lawsuit is either a dispute of facts, a dispute of law, or both. When both sides want to narrow down factual disputes, they can do so through federal rule of civil procedure 36 requests for admissions (RFAs), or they can stipulate to certain facts. What is the difference? Which is better? The TLDR…
Telemarketers don’t have a problem with calling without consent and lying about who they are while doing it, but they get very upset if a consumer lies to them on the phone as part of their investigation. United of Omaha is certainly peeved with Mr. Dobronski in telephone consumer protection act lawsuit Dobronski v. Daraujo…
Many illegal telemarketing calls are spoofed – the calling number on your screen is fake. But some are real, often from screwup or arrogance. Knowing the calling number can help you identify who is dialing. Phone numbers in North America are organized by NANPA – North America Numbering Plan Administrator www.nationalnanpa.com. They have a tool…
Lawsuit Woodard v. Health Insurance Alliance, 2024 WL 942629 (N.D. Ill. March 5, 2024) illustrates a difficulty some TCPA plaintiffs have in suing multiple parties for the same calls. One of those difficulties can be describing telemarketers vs sellers in TCPA lawsuits. This Plaintiff received calls from a third party promoting HIA’s products and she…
We all know that 47 U.S. Code § 227(c) provides statutory damages of up to $500 per violation, and 47 U.S. Code § 227(b) provides statutory damages of $500 per violation. These damages may be trebled if “the court finds that the defendant willfully or knowingly violated this subsection”. Given that some judges don’t like…
A Western District of North Carolina Court just gave a primer on how to make proper allegations when multiple parties are involved in TCPA violating phone calls to consumers. Pro se plaintiff Craig Cunningham sued six named defendants for TCPA violations and four of them moved to dismiss. They of course tried the usual professional…
On 1/19/2024 a Michigan Federal Court gave guidance on how to prove your vicarious liability TCPA lawsuit. It is from lawsuit Dobronski v. Family First Life, LLC et al, No. 2:2022cv12039. Mark sued 17 different defendants for 13 causes of action. Predictably the defendants did not care for this at all and each of them…
First, this post is not knocking anyone. Most telemarketing recipients are not experts and telemarketing laws are generally intended to be enforced by ordinary citizens. Hopefully we all learn from the mistakes of others. It is no surprise telemarketers hate TCPA plaintiffs. If you read telemarketing propaganda, they believe they have a god given right…
In telemarketing lingo the “seller” is the entity who is actually trying to sell you stuff, and the “telemarketer” is the entity actually ringing your phone. In a few cases they are one and the same but in most cases the telemarketer is sitting in India or Pakistan and the seller is often a “reputable”…
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