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

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

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

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

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...

A lot of telemarketers are assetless fly by night operations so that they appear useless to sue, and as such they generally really are...

The Telephone Consumer Protection Act and many state laws provide statutory damages per text message . Just how many characters are in a...

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

Debt can be overwhelming and stressful. When creditors come knocking, it is important to know your rights and options. Debt defense...

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

Dealing with debt collectors can be stressful and overwhelming. Many people feel powerless when they receive calls or letters demanding...

TCPA plaintiffs commonly find themselves in federal court after the defendant removes the case from state court. May of the pro se...

This is another article looking at testimony telemarketer Joe Delfgauw gave where he explains how telemarketing works. Click here for...

This is another article in my series on how telemarketing works . In the McCrae-Coley litigation with case number 3:21-cv-05610, Joe...

This is another article in my series on how telemarketing really works . Most unwanted phone calls start from a supposed website opt in....

This is part of my long running series on how telemarketing really works . When called to account for unwanted sales calls, telemarketers...

Anton Ewing and Freedom Forever LLC have a long history of contentious litigation including at least one countersuit from Freedom...

I saw this recent filing and thought I'd share something that can happen in TCPA lawsuits. The case is Abramson v. Line 5, LLC , 2025...

Our friend on the other side Mr. Troutman recently posted about Liberty Mutual Insurance Company suing lead generator All Web Leads Inc...

Occasionally we bump into people who "don't get a lot of calls" and don't think it would be worth their time to pursue damages for the...