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Federal court discusses call-within-a-call artificial or prerecorded voice 47 U.S.C. ยง 227(b)(1)(A) claims
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

Peter Schneider
Oct 21, 20256 min read
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Don't be the pro-se plaintiff constantly asking for sanctions
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

Peter Schneider
Oct 20, 20254 min read
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FCRA plaintiff fails to hold TransUnion accountable
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

Peter Schneider
Oct 20, 20256 min read
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Show damages when building your FDCPA case Part 2
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

Peter Schneider
Oct 20, 20254 min read
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Is that website arbitration provision enforceable?
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

Peter Schneider
Oct 20, 20258 min read
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TCPA defendant loses dumb motion to dismiss
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

Peter Schneider
Oct 16, 20253 min read
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Another TCPA defendant gets away for not understanding how to build a case
Our friend Eric Troutman derides #biglaw for blowing the chances of their clients. Funny enough, I see the same thing on the plaintiff's side. And sometimes I can't tell if a person walked in with a bad case that couldn't be fixed, or if the lawyer they went to didn't know what was wrong and didn't help them fix it. Such is the situation with Johnson v. Charter , 5:20-cv-02056-LCB (N.D. Al. Sept. 26, 2025). All allegations are taken from the Order. In this case, Ms. Johnson r

Peter Schneider
Oct 15, 20256 min read
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Illinois self help car repo flies back in tow truck driver's face
Here is a crazy repossession case I have to cover, Roberts v. Image Recovery Serv., Inc. , No. 24-cv-01119-JPG, 2025 LX 415142 (S.D. Ill. Oct. 10, 2025) . In 2022 the plaintiff, a Ms. Roberts, purchased a 2018 Chevy Equinox through a loan from Bridgecrest Acceptance Corporation. She financed $24,817 and the terms of the loan included $21.572 in interest. About a year later she fell behind on the payments and Bridgecrest asked the defendant Image Recovery Services Inc to repos

Peter Schneider
Oct 13, 20254 min read
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Narrow the scope of overbroad TCPA defendant subpoenas
TCPA defendants feel a lot of pressure to use dirty litigation tactics because they generally have a weak hand. So they want to get your...

Peter Schneider
Oct 11, 20254 min read
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Federal court illustrates how to get at companies that aid and abet unwanted phone calls
A lot of telemarketers are assetless fly by night operations so that they appear useless to sue, and as such they generally really are...

Peter Schneider
Oct 9, 20252 min read
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How many text messages did you really get? Are you counting them correctly?
The Telephone Consumer Protection Act and many state laws provide statutory damages per text message . Just how many characters are in a...

Peter Schneider
Oct 9, 20254 min read
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Show damages when building your FDCPA case
The Fair Debt Collection Practices act is intended to prevent deceptive or abusive collection practices. In theory debt collectors who violate the FDCPA are subject to a $1,000 penalty to discourage dishonest debt collection practices. However the courts are generally anti-consumer and this case will demonstrate why a debt collector breaks the law in demanding money not owed is not enough to successfully hold them accountable, you need to demonstrate "concrete" damages. The c

Peter Schneider
Oct 6, 20255 min read
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Understanding Debt Defense Services
Debt can be overwhelming and stressful. When creditors come knocking, it is important to know your rights and options. Debt defense...

Peter Schneider
Oct 1, 20253 min read
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Understanding Telemarketing Laws: Lessons from Hollis v. eXp Realty
The Washington State legislature and the United States Congress have outsourced enforcement of telemarketing laws to private citizens through the TCPA and various state laws. The Importance of Compliance The intent of these laws is to control bad actors. When consulting with clients or prospective clients about telemarketing litigation, we highly encourage them to consider who is behind the calls. For instance, my law clerk received unwanted calls from a local small gym. He

Peter Schneider
Sep 24, 20255 min read
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Stop Debt Collectors with This Powerful Phrase
Dealing with debt collectors can be stressful and overwhelming. Many people feel powerless when they receive calls or letters demanding...

Peter Schneider
Sep 23, 20253 min read
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A fun case illustrating amending your complaint early
TCPA plaintiffs commonly find themselves in federal court after the defendant removes the case from state court. May of the pro se...

Peter Schneider
Sep 21, 20255 min read
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Telemarketer Joe Delfgauw owns up to the truth - he doesn't think it is his responsibility to weed out fraudulent opt ins
This is another article looking at testimony telemarketer Joe Delfgauw gave where he explains how telemarketing works. Click here for...

Peter Schneider
Sep 21, 20257 min read
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Joe Delfgauw testifies to the role statistic play in verifying opt ins
This is another article in my series on how telemarketing works . In the McCrae-Coley litigation with case number 3:21-cv-05610, Joe...

Peter Schneider
Sep 21, 202510 min read
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Your privacy is not worth a penny to telemarketer Joe Delfgauw
This is another article in my series on how telemarketing really works . Most unwanted phone calls start from a supposed website opt in....

Peter Schneider
Sep 21, 20255 min read
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Telemarketers will accuse you of opting in - then refuse to take the most basic steps to prove it - telemarketer Joe Delfgauw admits why
This is part of my long running series on how telemarketing really works . When called to account for unwanted sales calls, telemarketers...

Peter Schneider
Sep 21, 20257 min read
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