This post is to help folks understand what a sham declaration or affidavit is, and how do you beat one in court. In a nutshell, a sham...

TCPA lawsuits are one of the more difficult areas to litigate. They typically run a wide range of legal issues, none less complex then...

These days most minor children have a cell phone, and where there is a cell phone, there is a telemarketer looking to call it. Can...

The TCPA 47 U.S. Code § 227 and the TCPA's implementing regulations 47 CFR § 64.1200 use the terms "residential line" and "residential...

Scam businesses have a couple of typical characteristics. They are highly profitable because they have little in the way of true...

Many of my posts have discussed how to hook a Seller for the violations of their Telemarketer. Typically what I see is the TCPA plaintiff...

Today I want to talk about forced arbitration in TCPA lawsuits. Specifically, dodging it. I'll use several real lawsuits to do it. First...

As long as there have been TCPA lawsuits, defendants have been cycling back and forth between countersuing and not countersuing the...

I discussed in this recent article about the relationship between Telemarketers who initiate the calls by which Sellers try to sell you...

Most telemarketing calls are initiated by a Telemarketer, defined in 47 CFR § 64.1200(f)(12) the person or entity that initiates a...

There is a well known axiom in legal circles - you can't sue who you can't identify. Telemarketer's primary method of defending lawsuits...

About a week ago I discussed the pros and cons of holding telemarketing corporate executives personally liable for the unwanted calls ....

Most telemarketing calls are initiated by someone other than the seller which is why Congress allowed recipients of unwanted phone calls...

Telemarketers and other scammey businesses love making it difficult to get out from under their thumb, and on February 16, 2024, the FCC...

I've been following the telemarketing lawsuit case Barton v. Delfgauw, 3:21-cv-05610  in the Western District of Washington for a while....

A frequent topic on this blog is playing defensive ball when suing telemarketers. Sometimes getting countersued is unavoidable due to the...

47 CFR § 64.1200 (d)(4) says: " Identification of callers and telemarketers. A person or entity making an artificial or...

A frustrating result in some of my consumer advocacy work is seeing corporate executives perpetrate frauds and torts, and only the...

In a telemarketing lawsuit I've been watching for a while, case Barton v. Delfgauw, 3:21-cv-05610 in the Western District of Washington...

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...