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....

We post quite a few articles about the TCPA, FDCPA, and other consumer-based legal issues. Clients have been telling us that some basic information about bankruptcy would be helpful. Here’s a brief rundown of some common questions clients often have. Keep in mind this is not an exhaustive list, nor is it custom-tailored to a consumer’s specific needs. However, it does answer some of the main questions our clients usually have about bankruptcy. Will I Have to Wear a Scarlet B

Here is a pattern we see again and again - consumer gets unwanted calls. Consumer sues telemarketer. Telemarketer claims someone went online and asked for calls. Ok they don't claim someone did it, they claim the consumer did it, and they want to compel the case to arbitration. Such is the case in Lowell v. Angi Inc., No. C25-1702-KKE, 2026 LX 273019 (W.D. Wash. May 13, 2026) where Mr. Lowell received allegedly unwanted text messages from Angi Inc. Lowell alleges that, betwee

If you have ever listed a house for sale by owner, or had a house listing lapse, or just get confused for someone who is thinking about selling your house, this story is going to resonate with you. In 2024 Ms. Soale attempted to sell her house but apparently failed. What she did succeed at is attracting the attention of the Joshua Jackson Realty Group of eXp Realty. Ms. Soale sued big eXp, and eXp moved to dismiss under the argument that little Joshua Jackson Realty Group was

Telemarketers have a list of judicial priorities: Filing a TCPA lawsuit is itself evidence of fraud The TCPA plaintiff has to prove he/she didn't ask for the calls The recipients of unwanted calls have the obligation to make them stop Telemarketers can use leads with impunity so long as they don't have actual knowledge the lead is fraudulent. Get rid of express written consent. And not the least among them is just visiting a webpage is consenting to their terms of service. Ev

This is another article in our long running series on how telemarketing really works. In researching a telemarketing organization using websites gochecks.org / checkgo.org / lendlii.org (plus many others) I found an interesting 2022 lawsuit CHAMPION et al v. DOES out of the District of Columbia with case # 1:22-cv-02697-CKK. Written by LawHQ, it was very educational and I posted it below. But first, many, many consumers are being harassed by a telemarketer using a collection

I have seen some dumb motions to dismiss that beggars belief. This one might top them all. The case is D'Agostino v. Circle K Stores Inc., No. CV-26-01225-PHX-JAT, 2026 LX 247804 (D. Ariz. Apr. 22, 2026). TCPA defendant Circle K Stores (yes of Abboud v. Circle K Stores Inc fame) got sued by pro se Daniel D'Agostino for allegedly sending him hundreds of text messages despite Mr. D'Agostino replying STOP or STOP2End 299 times. The messages continued even after Defendants averre

Before I get started, I want to make clear I don't know the actual truth of this case. I don't know that Mr. Elzen did anything wrong. But in the legal system it is sufficient that he looks like he did wrong. The case is Elzen v. Am. Home Shield Corp., No. 24-C-1206, 2026 LX 121277 (E.D. Wis. Apr. 21, 2026). TCPA plaintiffs need to be better than this on multiple levels or their credibility is destroyed and bad law is made. Two dumb TCPA plaintiffs, first Mr. Johansen and now

There is something to be learned from most motions to dismiss and the ruling, but the more the defendant works for it the more there is to get. And in Dobronski v. Uppleger, No. 25-10168, 2026 LX 130090 (E.D. Mich. Mar. 31, 2026) the defendant Advisorworld worked for it. They worked for it so hard I pulled their motion. But first the background, pro se plaintiff Mark Dobronski brought a TCPA lawsuit against several parties for unwanted telephone calls. One of the defendants m

Serving a lawsuit on a telemarketer can be harder than building the case itself as a recent TCPA plaintiff is experiencing. The case is Reo v. Manasseh Jordan Ministries, Inc. , No. 1:25-cv-00290, 2026 LX 101943 (N.D. Ohio Mar. 26, 2026) . As usual all "facts" cited in this article are from the filings and allegations are assumed to be true for the sake of an educational article. Readers should follow the case to find the ultimate facts and resolution of the case. Mr. Rio has

Reprise Financial must be steaming mad as their motion for summary judgment was denied on the claim they really wanted in Wilson v. Skopos Fin., LLC, No. 6:25-cv-00376-MC, 2026 LX 167521 (D. Or. Mar. 24, 2026). Where did things for Reprise Financial go wrong? Well a Brian - and with no connection to the plaintiff - went on a website to determine his eligibility for a loan to consolidate his debt. But Brian didn't want to get pestered with calls about debt consolidation, so he

Samual Katz is a long-time pro at the pro-se game and he demonstrated why in Katz v. Allied First Bank , No. 22 C 5277, 2026 LX 147306 (N.D. Ill. Mar. 6, 2026) . He also had a great team, being represented by Mr Perrong and Mr. Peronich. First, the background. I have no personal knowledge of the case outside of the papers and court opinions filed. I assume all facts in the case to be true to highlight the story but I have no knowledge of the absolute facts of the case. It see

Investigating telemarketing violations often involves some sort of deception. At the very least it might be staying on the phone listening to the sales agent when internally you know you didn't want the phone to ring. And for the most part garden variety deception is fine. The patron saints of telemarketing often don't like it but usually there isn't anything they can do about it except put their finger on the scale a little harder. But it pays to know what lines not to cross

We have a lady who is being suit for $1,300 and the dirty bastards didn't actually serve her, and she found out about it before the default judgement hearing. If you are also in a similar situation, we have recommendations. Default vs Default Judgment It is easy to get confused by "default" and "default judgment". A "default" occurs when a defendant fails to appear, plead, or otherwise defend the action in the time allowed. This failure allows the opposing party to seek an or

A lot of my blog is dedicated to how to plead vicarious liability and for good reason, many pro se TCPA plaintiffs don't do it correctly and get their complaints dismissed as in the recent example of Smith v. GetMeHealthCare, LLC , No. 5:25-cv-568-SPC-PRL, 2025 LX 657825 (M.D. Fla. Dec. 31, 2025) . This is an unsolicited review of the court's ruling and the complaint to show what changes might get past a motion to dismiss. First the background. As usual I have not knowledge o

Understanding the TCPA and Its Implications Have you ever had a plaintiff from hell? One who somehow convinced the likes of Scott Edelsberg and Chris Gold, along with five other attorneys, to represent him in a case that left them all asking what the hell ? That case is Faucett v. Move, Inc. , No. № 2:22-cv-04948-ODW (ASx), 2025 LX 555607 (C.D. Cal. Dec. 23, 2025). While I have no personal knowledge of the case, everything I write is based on the opinions and is assumed to be

A bunch of insurance companies have a great little scam going. They employ the use of insurance agents, who then in turn employ the use of telemarketers. The insurance companies give the insurance agents the use of their computer system to quote and sell their insurance, but when sued for the tcpa-violating telemarketing calls, disclaim any responsibility for their agents. Dobronski is taking Mutual of Omaha and an agent to task (this is a follow on to an earlier story here )

TCPA lawsuit Klassen v. Solidquote, 2025 WL 3516275 (D. Co. Nov. 19, 2025) demonstrates what happens when a TCPA case isn't built very well and it opens the door to a patron saint of telemarketing looking out for their own. First, the background. Everything is taken from the court filings, I have no personal knowledge of any of this. My opinions on what I am reading are in blue. In 2019, SolidQuote LLC started taking leads from Digital Media Solutions (DMS). Under their [wink

Often clients want to get their bankruptcy filed right away, but it is important that the information in your bankruptcy petition is complete and accurate. If it's not, you'll have to amend filings and that just makes your bankruptcy take longer. Without an accurate look at your numbers we also would run the risk of the bankruptcy being rejected. If you are using NWDR to prepare your bankruptcy, there is paperwork you must give us prior to filing. This is to ensure all the

I am always fascinated when lead generators and telemarketers eat each other in court, so I recently checked in to see how the whole Final Expense Direct vs Python Leads case was shaping up. As usual I start with the background. All the "facts" in this article are taken from the court filings, I have no personal knowledge of the truth of any of this. Please remember that all "facts" in the pleadings are taken as true prior to findings of the court. I will post a number of th