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

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

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 the

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 with the background, and for that I'll pull from the original motion and the magistrate judge's report and recomm

This is part of my long running series on how telemarketing really works. Serially successful Telephone Consumer Protection Act plaintiffs typically pick up a 'fan club' of angry telemarketers who, since they can't win in court, try to win outside of court. This case offers some lessons in the best practices of investigating unwanted calls and callers. Mark Dobronski is a successful TCPA plaintiff, and as he started getting the better of Savings Bank Mutual Life Insurance Com

Legal dramas and legal reality television is so prevalent that it shapes our collective opinion of the court system. These shows usually portray judges as serious figures who have spent a lifetime of scholarly study, take their jobs very seriously, and they aside their personal biases to just focus on the law and be treat the parties in a dispute even handedly. This is also how the court system portrays itself. It is designed to get citizens to support the judiciary, and when

TCPA lawsuits often require propounding carefully written discovery requests that can't be dodged with a useless answer or an objection that will stick, and then the second problem is compelling answers to the inevitable initial objections and non-answers. I have an earlier post on compelling discovery answers as well. We can learn a lot from a recent discovery dispute and ruling in telephone consumer protection act case Newman v. Aeciq 2025 WL 1592834 (E.D. Cal June 5, 2025)

Previously I wrote about what is a 30(b)(6) deposition and why do you want one, and I noted in another article about a TCPA plaintiff getting the run around that a foundational 30(b)(6) deposition might be useful. But what is a foundational 30(b)(6) deposition? A foundational 30(b)(6) deposition is typically done at the outset of a lawsuit and it isn't intended to get into the merits of the lawsuit, but to understand organization structure, how and where documents are retaine

We were doing some legal research today and ran into an interesting situation a TCPA plaintiff has fallen into, and we wanted to share our thoughts on how a similarly situated telephone consumer protection act plaintiff could get past it.

After a lawsuit is filed with the court, typically defendants can respond with an answer, or a motion to dismiss. Many defendants' knee jerk reaction will always be a motion to dismiss. It delays the case, which defendants typically like, maybe there is a pleading defect in the complaint, and if nothing else, many of them seem to believe and many defendants daydream that the TCPA plaintiff is a terrible person, the defendant did nothing wrong, and maybe a motion to dismiss th

These days most minor children have a cell phone, and where there is a cell phone, there is a telemarketer looking to call it. Can parents sue telemarketers for unwanted calls initiated to their child's cell phone? Telemarketers want to say no, and telemarketers have tried a variety of arguments to kill these TCPA lawsuits. Ninth circuit case Hall v. Smosh Dot Com, 72 F.4th 983, 985 (9th Cir. 2023) settled several of them. In Hall, a parent purchased a phone/phone number for

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 moved to dismiss. The court let defendants get away but kept others and explained why in a 60 page opinion full of education on how to prove your vicarious liab

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 to ring your phone and your lawsuit is getting in the way of the natural order of things. What might be a surprise to some

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 be done at yet a different call center before the call is transferred to an American business. If you are wondering how they got your phone number at all when

Have you given the gift of consent to a telemarketer without realizing it? The Ninth Circuit Court of Appeals has said the purpose of the TCPA (Telephone Consumer Protection Act) "aims to curb a particular kind of call: a call that a person does not expect to receive". However your personal definition of unexpected calls may conflict with the law. Here are common situations where you may have opened yourself up to telemarketing calls without realizing it, and things you can