Our litigation self help posts organized into links

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…

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…

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…

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,…

If you are wondering where all these illegal telemarketing calls are coming from physically, most of the dialers sit in India, Pakistan, and the Philippines. It is common for one call center to dial the phones. Answered calls to be transferred to a different call center for screening, and a second round of screening to…