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A TCPA defendant is demanding my tax returns in discovery. Do I have to give them over?
There comes a time in every serial TCPA plaintiff's life that a desperate TCPA defendant's defense attorney has a novel thought - he read...

Peter Schneider
Mar 109 min read
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How to respond to a telemarketers' motion to dismiss
After a lawsuit is filed with the court, typically defendants can respond with an answer, or a motion to dismiss. Many defendants' knee...

Peter Schneider
Mar 96 min read
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Pleading your TCPA case to avoid a motion to dismiss
How do you hold telemarketers accountable for do not call violations and calling with artificial or prerecorded voice? How do you pursue...

Peter Schneider
Mar 814 min read
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I don't recommend demand letters in TCPA litigation - a cautionary tale
I don't recommend sending demand letters in lieu of a summons and complaint in TCPA litigation and I am here to do a deep dive on why....

Peter Schneider
Mar 620 min read
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Law clerk makes huge break in $100 gift card / voucher telemarketing scam calls
There is a long running $100 shopping rewards voucher / gift card / retail rebate scam out there. The people behind it claim they will...

Peter Schneider
Mar 66 min read
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Telephone consumer protection act consent is a straight jacket - make the telemarketer wear it
In 2017 the ninth circuit said “the scope of a consumer's consent depends on the transactional context in which it is given. The call or...

Peter Schneider
Mar 56 min read
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KEEPING YOUR HOUSE IN BANKRUPTCY
The homestead exemption is a critical protection mechanism in bankruptcy law, designed to help individuals retain their homes even when...

Peter Schneider
Mar 52 min read
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Telemarketer claims YOU opted in - and provides a "video"
You got unwanted telephone calls, you figured out who is behind it and sent a demand letter or even a telephone consumer protection act...

Peter Schneider
Mar 47 min read
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Motion to dismiss granted - what does it mean to your TCPA lawsuit?
Our good friend Eric Troutman once professed that every time a Telephone Consumer Protection Act case gets dismissed, an angel gets its...

Peter Schneider
Mar 45 min read
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Exempt Property in Bankruptcy
Bankruptcy exemptions are laws that protect certain types of property from being seized by creditors during bankruptcy proceedings. These...

Peter Schneider
Mar 42 min read
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A review of a pro-se plaintiff's TCPA complaint
This is unsolicited review of a telephone consumer act pro-se plaintiff's complaint. I chose this complaint because it fits the theme of...

Peter Schneider
Mar 26 min read
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Keeping your Car in Bankruptcy
Filing for bankruptcy can be a daunting and overwhelming experience. It involves making difficult financial decisions and can...

Peter Schneider
Feb 273 min read
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Anything you say can and will be used against you in a court of law
One of the themes of this blog is playing defensive ball, and not letting the other side rack up easy points from unforced errors. So...

Peter Schneider
Feb 2712 min read
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Why Most Pensions Are Exempt From Garnishment
Pensions are a vital source of income for many retirees, providing financial stability and security in their later years. Most pensions...

Peter Schneider
Feb 273 min read
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Misusing subpoenas in a telemarketing case - a cautionary tale
I just wrote a different post on who bears the expense of responding to subpoenas , and someone pointed me to the story of a pro-se TCPA...

Peter Schneider
Feb 2511 min read
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What to do when witnesses don't want to testify
If you deal with enough scammers and telemarketers, you will run into witnesses who refuse to testify. The correct thing to do is use the...

Peter Schneider
Feb 245 min read
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Who pays the price of litigation. Or at least subpoena compliance?
The subpoena is a powerful document in litigation. It is a court order (when used properly) requiring a non-party to do things like...

Peter Schneider
Feb 244 min read
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Why most Social Security Funds Can't Be Garnished
Social Security funds provide a critical financial safety net for millions of Americans, particularly the elderly, disabled, and...

Peter Schneider
Feb 242 min read
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Understanding Chapter 13 Bankruptcy
Chapter 13 bankruptcy, often referred to as a "wage earner's plan," is a type of bankruptcy that allows individuals with an income above...

Peter Schneider
Feb 233 min read
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Understanding Chapter 7 Bankruptcy
Chapter 7? Chapter 11? Chapter 13? What are all these "chapters" and which one would be best for me? Chapter 7 bankruptcy, often referred...

Peter Schneider
Feb 213 min read
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