top of page
Search


When is your debt time-barred (past the statute of limitations)?
If you fall behind on paying your debts, the people you owe have a certain amount of time to pursue it in court, or the debt becomes what...

Peter Schneider
Apr 28, 20255 min read


Can a TCPA defendant demand to examine your cell phone?
Telephone consumer protection act defendants typically don't have a lot of great defensive options. They made the calls or they didn't....

Peter Schneider
Apr 25, 20259 min read


Compelling responses in discovery - motivating TCPA defendants to fully answer discovery requests
Most telephone consumer protection act plaintiffs that get to the discovery phase find out this is the most difficult part of litigation....

Peter Schneider
Apr 24, 20258 min read


Federal judge rewards Savings Bank Mutual Life Insurance Company of MA for placing illegal calls-TCPA vicarious liability gone awry
Another day, another judge rewarding The Savings Bank Mutual Life Insurance Company of Massachusetts for using illegal calls to generate...

Peter Schneider
Apr 23, 20256 min read


How can AN ATTORNEY'S Debt COLLECTION Defense Strategies Protect Your Financial Future?
Managing debts can feel overwhelming, especially when financial burdens weigh heavily on your shoulders. Whether it's student loans,...

Peter Schneider
Apr 13, 20253 min read


Uncovering the 5 Most Common FDCPA Violations: When Collection Agencies Cross the Line
The Fair Debt Collection Practices Act (FDCPA) was created to protect consumers from unfair and abusive practices by debt collectors....

Peter Schneider
Apr 13, 20253 min read


How much notice before a deposition is reasonable?
A deposition is a legal process where a witness is questioned under oath, outside of court, by attorneys involved in a case, with a court reporter present to record the testimony, often used for discovery and evidence preservation. Typically you will know you've been invited to one by receiving a notice of deposition or a deposition subpoena. While they typically are not signed by a judge, they are court orders and ignoring at your peril. But how quickly can you be required t

Peter Schneider
Apr 7, 202510 min read


This insane TCPA ruling on vicarious liability needs appealed real bad
There have been some good telephone consumer protection act rulings lately, so the universe apparently decided to balance it out with...

Peter Schneider
Apr 7, 20256 min read


Recovering statutory damages for each violation of TCPA 47 U.S. Code § 227
Many regulations implementing the telephone consumer protection act are promulgated under 47 U.S. Code § 227 (c). Such as violations of...

Peter Schneider
Apr 6, 20256 min read


Bank error in your favor – can you keep it?
It is pretty common that someone mistakenly pays someone else money not owed them. Usually this hits the news when a bank suddenly...

Peter Schneider
Mar 30, 20254 min read


Hounded by a collection agency and want to pay? Why to hire a lawyer
Many people go through a difficult time of life where it isn't possible to keep up with your debts, and then things get better and they...

Peter Schneider
Mar 29, 20253 min read


Building TCPA lawsuits that survive Jones v. Royal Admin. Servs
I want to talk about a recent summary judgment loss for the plaintiff in the telephone consumer protection act lawsuit Sapan v....

Peter Schneider
Mar 28, 20257 min read


Obstructed license plates in Washington State are now drawing tickets
A heads up for our Washington State readers, it has always been illegal to obscure your license plate but a Washington State troopers are...

Peter Schneider
Mar 28, 20252 min read


Mortgage servicers charging extra for payments by phone can be a FDCPA violation
Often you can tell if you are dealing with a scammer business or entire industry if they charge extra for "convenience fees". Businesses...

Peter Schneider
Mar 27, 20255 min read


Telemarketers must transmit caller identification and there is a private right of action under the TCPA - § 64.1601(e)
I don't always agree with judges' rulings, but many judges do strive to follow the law and will reverse themselves when they see they got...

Peter Schneider
Mar 26, 202510 min read


Washington State's Consumer Electronic Mail Act strikes again
I've written previously about Washington State's commercial electronic mail act (CEMA) prohibition on unwanted text messages , and...

Peter Schneider
Mar 19, 20254 min read


DOBRONSKI shows how to sue a telemarketer and sellers of final expense for TCPA violations and get past motion to dismiss
Final expense insurance telemarketing calls are going crazy right now because they are very profitable for the sellers. Many people...

Peter Schneider
Mar 12, 202511 min read


How many interrogatories do you get in a federal court telemarketing lawsuit?
According to FRCP 33(a)(1): Unless otherwise stipulated or ordered by the court, a party may serve on any other party no more than 25...

Peter Schneider
Mar 10, 202510 min read


Defending against or attacking with a motion to strike
What if there was a tool to get rid of an opponents arguments, claims, or defenses that you don't like? Did you know it can be done in...

Peter Schneider
Mar 10, 20255 min read


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 10, 20259 min read
bottom of page