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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 282 min read
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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 275 min read
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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 2610 min read
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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 194 min read
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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 1211 min read
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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 1010 min read
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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 105 min read
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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 714 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 48 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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