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Federal court gives roadmap to holding sellers accountable for the actions of their telemarketers - agency law
Most telemarketing calls are initiated by someone other than the seller which is why Congress allowed recipients of unwanted phone calls...

Peter Schneider
Nov 20, 20245 min read
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FCC rules that consumers can opt out of robocalls using any reasonable method
Telemarketers and other scammey businesses love making it difficult to get out from under their thumb, and on February 16, 2024, the FCC...

Peter Schneider
Nov 18, 20244 min read
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Telemarketer in the process of ruining his life with idiotic motions
I've been following the telemarketing lawsuit case Barton v. Delfgauw , 3:21-cv-05610 Â in the Western District of Washington for a...

Peter Schneider
Nov 18, 20244 min read
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Fighting off telemarketer fraud counterclaims
A frequent topic on this blog is playing defensive ball when suing telemarketers. Sometimes getting countersued is unavoidable due to the...

Peter Schneider
Nov 17, 20247 min read
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Get your 47 CFR § 64.1200(d)(4) on - did your unwanted texts identify the sender?
47 CFR § 64.1200 (d)(4) says: " Identification of callers and telemarketers. A person or entity making an artificial or...

Peter Schneider
Nov 14, 20244 min read
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The pros and cons of naming corporate executives in TCPA lawsuits
A frustrating result in some of my consumer advocacy work is seeing corporate executives perpetrate frauds and torts, and only the...

Peter Schneider
Nov 14, 20247 min read
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Telemarketer set to learn the hard way frivolous counterclaims have no place in court
In a telemarketing lawsuit I've been watching for a while, case Barton v. Delfgauw , 3:21-cv-05610 in the Western District of...

Peter Schneider
Nov 13, 20245 min read
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Trebling your TCPA damages under 47 U.S. Code § 227 - when telemarketer's violations are willful or knowing
We all know the TCPA's statutory damages are $500 "for each such violation" under 47 U.S. Code § 227(b)(3)(B) for robocalls, and up to...

Peter Schneider
Nov 13, 20245 min read
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Don't rely on conclusory allegations in your telemarketing lawsuit
It is surprising how many attorneys write poor complaints that get rejected at the motion to dismiss stage. Here is another one and it...

Peter Schneider
Nov 11, 20243 min read
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Admissions vs Stipulations - a telemarketing case highlights the difference
The three common written forms of lawsuit discovery are interrogatories, requests for documents, and requests for admissions (RFAs). The...

Peter Schneider
Nov 8, 20248 min read
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Having a plaintiff's TCPA lawyer is worth it to avoid mistakes like this - unless you don't like your cousin
This blog has a running theme for Telephone Consumer Act Plaintiff's - play defensive ball because TCPA defendants are quite willing to...

Peter Schneider
Oct 30, 20243 min read
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Federal judge hammers construction firm for deceptive website
Earlier I posted about how Pinnacle Home Improvements was trying to duck a telephone consumer protection act lawsuit by claiming the...

Peter Schneider
Sep 20, 20246 min read
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Admissions vs stipulations in telephone consumer protection act cases
Fundamentally, a lawsuit is either a dispute of facts, a dispute of law, or both. When both sides want to narrow down factual disputes,...

Peter Schneider
Sep 20, 20248 min read
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Silence is not consent to receive calls under the TCPA
In a ruling that should surprise no one but is refreshing to see, a New York federal court ruled on September 19, 2024 that silence is...

Peter Schneider
Sep 20, 20244 min read
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NO ANSWER, NO SOLICITATION under the TCPA? Not in the ninth circuit thanks to us!
47 U.S. Code § 227(a)(4) defines "telephone solicitation" as the initiation of a telephone call or message for the purpose of...

Peter Schneider
Sep 19, 20244 min read
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The consequences of simple mistakes in your TCPA telemarketing lawsuit
This post isn't knocking anyone. Even seasoned attorneys can have a poorly written complaint, and often times it doesn't seem to matter,...

Peter Schneider
Apr 3, 20249 min read
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Federal judge gives roadmap to hammer sellers for the illegal calls of their telemarketers
Most illegal calls these days are initiated from telemarketers over in the third world. One company calls, another company screens, and...

Peter Schneider
Mar 29, 202411 min read
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Are calls not selling anything actionable under the TCPA? Asked in a different way, Do non-solicitation phone calls mean you have to change your phone number if Walmart wants to keep calling you?
I discussed earlier how real estate companies often argue they are exempt from telemarketing laws if they are calling to try and buy your...

Peter Schneider
Mar 27, 20248 min read
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A review of a pro-se plaintiff's TCPA complaint against Alleviate Tax
This is an unsolicited review of pro-se plaintiff Farbod Moghadam's second amended complaint against Alleviate Tax LLC alleging...

Peter Schneider
Mar 26, 20243 min read
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Pinnacle Home Improvements deceived its website visitors "because consumers want to believe they are receiving personal attention"
If you saw this on a website, would you think you were talking to a real person? Pinnacle Home Improvements of Georgia put this on their...

Peter Schneider
Mar 25, 20243 min read
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