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, but clients have been telling us that some...

If you are litigating a telephone consumer protection act, fair debt collection practices act, or fair credit reporting act lawsuit, you probably are no stranger to receiving 20-30 boiler plate affirmative defenses. Western District of Washington federal judge David G. Estudillo just handed you a great opinion on how to either get them struck, or force the defendant to give fair notice of the defense. The case is Silver v. Capital One, N.A. , No. 3:25-cv-05175-DGE, 2025 U.S.

TCPA plaintiffs George Moore and Robert Hossfeld are back in the saddle doing god's work - unraveling the complex relationship the big insurance companies have with telemarketers to benefit from illegal calls while hiding their responsibility in initiating them. The case is Moore v. Farmers Grp., Inc. , No. 23-cv-16587, 2025 LX 420508 (N.D. Ill. Oct. 20, 2025) . In this lawsuit Mr. Moore and Mr. Hossfeld are working on telemarketing selling Farmers insurance, and although bot

A theme I see with some pro-se plaintiffs is constantly asking for sanctions. Because sometimes I consult with them on their cases maybe I am more sensitive to it, but it drives me a little crazy when I see a pro-se see anything from a small mistake from the other side, to a strategic choice from the other side and they get all hot under the collar asking for sanctions. If that's you, there is an easy way to cool yourself down. Ask yourself, have you ever seen a court case [m

The Fair Credit Reporting Act does not require that the furnishers of credit information and the credit reporting agencies themselves report anything, but it does require that the information they do report be accurate. To that end the FCRA allows consumers to dispute inaccurate information. But what duty do the credit reporting agencies have to to decide if the reported information is accurate or not? According to this federal judge, not a whole lot. The case is Silver v. To

A few weeks ago I blogged about how debt collectors often violate the Fair Debt Collection Practices Act because courts don't care if illegal collection practices cost you worry and wasted time if you can't show "damages" they do care about. I gave a list of actions you might take to demonstrate the "concrete" damages they are looking for, and today's court opinion demonstrates the wisdom of it. The case is Davis v. Nationwide Capital Servs., LLC , No. 24-cv-2391-EFM-GEB, 20

I've posted several articles on the topic of avoiding arbitration when litigating over a fraudulent opt here and here . However not every solicitation is illegal. For example in many cases companies you do business with are exempted from solicitation call regulations for 3 or 18 months because of the business relationship, or until canceled by the consumer. Some companies don't honor the 3 or 18 month rules, or don't respect a consumer's request to stop the solicitation call

Some telephone consumer protection act defendants reflexively file motions to dismiss. Hey it is an easy money maker for their defense attorney. Today we look at the goat rodeo that is Smith v. Equrra, LLC , No. 25-10975, 2025 LX 436962 (E.D. Mich. Oct. 16, 2025) for what we can learn. Sometimes the motion to dismiss is so weak that when it is denied it just comes off as dumb to have filed it. In this lawsuit it is compounded by either weak allegations or a judge that might