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

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 [ w

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

Telemarketer Deryck D. Richardson went on a podcast and told the world that if his company, Richardson Marketing Group, was held accountable for telemarketing violations, he would just shut down the company and start a new one doing the same thing. So it was fitting that TCPA plaintiff Nathen Barton held him personally responsible for the telemarketing violations of his company Richardson Marketing Group in Barton v. Real Innovation. Inc.  Case No. 3:24-cv-05194 (Doc. 92) (W.

Telemarketers often like to play a game - make a bunch of consumer unfriendly terms they are ashamed to show, so they hide them where consumers won't see them. But then when sued, they try to enforce the terms. Many courts can't stomach it, the latest being Ferrell v. Snapcommerce Holdings, Inc . 2025 WL 3280992 (N.D. Cal. Nov. 25, 2025). First, the background. Multiple plaintiffs sued Snapcommerce for unwanted text messages, and Snapcommerce moved to compel them into arbitra

Yahoo Finance just ran a story " Dave Ramsey tells homeless, unemployed Ohio man with $14K debt there’s no point declaring bankruptcy. " I just had to read it and give my reaction. A Mr. Toby gave Mr. Ramsey a call. Toby is homeless, unemployed and saddled with $14,000 in debt of which nearly half is a car loan. He was charged with a DUI last year, and added that he had developed a mental block about working. Toby called in asking Mr. Ramsey if declaring bankruptcy was a smar

Now, if or when the are-text-messages-calls-under-the-tcpa hits the Supreme Court, all bets are off on how that political body will rule. But in the land of facts and reason, district courts are wrestling with the problem. The latest court is Mujahid v. Newity, LLC , No. 25 C 8012, 2025 LX 517816 (N.D. Ill. Nov. 10, 2025) and it joined the diverse majority of the courts in holding that they are. In Mujahid (all facts assumed to be true at the motion to dismiss stage and pu

Have you been blind sided by a default judgment because you didn't file an Answer ? Maybe your wages are being garnished and it's the first you've heard of the lawsuit. Sometimes debt collection lawsuits are for low enough amounts that it doesn't make sense to hire an attorney to deal with them. This is a do-it-yourself guide about getting a default judgment vacated for lack of service. What does that mean? If you weren't served with a summons and complaint in the lawsuit, th

TCPA defendants love accusing TCPA plaintiffs of manufacturing the claim. Usually there is little downside to doing so, but one judge apparently decided to cut to the chase. The case is ZELMA v. RAM et al in the District of New Jersey, case # 2:25-cv-15701-EP-JS. The defendants removed the case from state court, then wrote a letter to the judge ostensibly asking for permission to file a FRCP 12(c) motion for a judgment on the pleadings. "The record will show that Plaintiff a

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