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Avoid the TKO - defending against summary judgement in telemarketing lawsuits
If the TCPA plaintiff doesn't ask for much, many telemarketers will settle quickly. But some want to fight every lawsuit, and if the...

Peter Schneider
Feb 177 min read
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The harder they come the harder they fall
The great Jimmy Cliff once sang "the harder they come, the harder they fall." I experienced a similar phenomenon when a collection agency...

Peter Schneider
Feb 63 min read
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How to Look after yourself because the judiciary isn't looking out for you
Imagine you are checking out at a sale-resale store, and the clerk tells you if you want to sell the movies you are purchasing back...

Peter Schneider
Feb 56 min read
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Set the hook on 47 CFR § 64.1200(d) TCPA violations
One of the regulations implementing the Telephone Consumer Protection Act is 47 CFR § 64.1200(d): No person or entity shall initiate any...

Peter Schneider
Feb 55 min read
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Be very wary of poorly worded requests for admissions or you'll be like this defendant
In a past blog article I wrote about admissions vs stipulations , and the inherent weaknesses of admissions. Admissions in federal court...

Peter Schneider
Feb 42 min read
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Telephone Consumer Protection Act call time restrictions
A lesser known restriction in the Telephone Consumer Act's implementing regulation 47 CFR § 64.1200 (c): No person or entity shall...

Peter Schneider
Feb 43 min read
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Washington State's Consumer Electronic Mail Act works on emails too
Earlier I wrote about Washington State's Consumer Electronic Mail Act RCW 19.190 's application to text messages , and I mentioned it...

Peter Schneider
Feb 33 min read
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Washington State's Consumer Electronic Mail Act vs the Telephone Consumer Protection Act
The Telephone Consumer Protection Act (TCPA) is a federal statute regulating telephone solicitation and telephone call technology. Each...

Peter Schneider
Feb 37 min read
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ANOTHER foolish telemarketer MTD that results in a nice review of agency law
Just days ago I was writing about my second hand embarrassment for another attorney who wrote a poorly received motion to dismiss in ...

Peter Schneider
Feb 39 min read
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Are opt-in confirmation texts actionable under the TCPA? Federal judge says Maybe!
Today I want to talk about a defendant in a TCPA lawsuit that sent some confirmation text messages and is now going to trial for unwanted...

Peter Schneider
Feb 28 min read
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YES California's CIPA protects out of California plaintiffs!
California has a strict invasion of privacy law commonly known as CIPA. It provides a statutory award of $5,000 for recording a call...

Peter Schneider
Feb 16 min read
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I just helped negotiate a six figure TCPA settlement
It feels great to help a client who has been harassed with hundreds of unwanted telephone calls get compensated, but I am writing this...

Peter Schneider
Feb 12 min read
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Telemarketer breaks a deal and faces the wheel
Many telemarketing lawsuits end in a settlement agreement. Most lawsuits that get past the motion to dismiss stage end in a settlement...

Peter Schneider
Jan 317 min read
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Second hand embarrassment for Telemarketer who files foolish MTD
For whatever reason, different types of lawsuits tend to get different types of attorneys. For example, many debt collection attorneys...

Peter Schneider
Jan 314 min read
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Investigating who is texting you - documenting text message TCPA violations
This article complements my article on documenting what telemarketers are calling you , and is intended to have some suggestions on how...

Peter Schneider
Jan 214 min read
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What is admissible evidence at summary judgment?
If you get involved in a telemarketing lawsuit, odds are you may want to file, or have to defend from a motion for summary judgment. It...

Peter Schneider
Jan 215 min read
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Let's review the worst dumb telemarketing counterclaim I've ever seen
The five folks reading this blog know I'm following the saga of Nathan Barton's telemarketing lawsuits against Joe Delfgauw and friends....

Peter Schneider
Jan 1710 min read
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Watch your language - can you ask the defendant for legal conclusions in a deposition?
I recently blogged about why you might want a 30(b)(6) deposition in a telemarketing case, and how as part of preparing for that, the...

Peter Schneider
Jan 155 min read
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What is a 30(b)(6) deposition and why do you want one?
Most folks have seen at least the Hollywood version of a deposition, but did you know they come in several flavors? Federal Rule of Civil...

Peter Schneider
Jan 76 min read
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Playing hardball - my thoughts on a telemarketer playing games with a subpoena
Someone recently ran a situation by me to see what they thought I would do in their situation and I thought it would make a good blog...

Peter Schneider
Jan 72 min read
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