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

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

47 U.S. Code § 227(a)(4) defines "telephone solicitation" as the initiation of a telephone call or message for the purpose of encouraging the purchase or rental of, or investment in, property, goods, or services. Nothing in telephone solicitation requires the call to be answered, just dialed. How do so many trial courts get it wrong? But here goes another one in Weingrad v. Top Healthcare Options, 2024 WL 4228149 (E.D. Pa Sept. 17, 2024). In the span of two days Weingrad rece