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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 9, 20256 min read


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 7, 202514 min read


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 6, 202520 min read


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 send you some sort of card or voucher or certificate worth $100 and all they ask from you is $3.49 or similar small amount just for "shipping and handling". Lots of folks have experienced different parts of the elephant. https://archive.jsonline.com/newswatch/231052511.html https://www.youtube.com/watch?v=rXzVR376BTc https://www.consumerreport

Peter Schneider
Mar 6, 20256 min read


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 5, 20256 min read


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 5, 20252 min read


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 4, 20258 min read


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 4, 20255 min read


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 4, 20252 min read


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 2, 20256 min read


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 27, 20253 min read


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 27, 202512 min read


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 27, 20253 min read


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 25, 202511 min read


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 24, 20255 min read


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 24, 20254 min read


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 24, 20252 min read


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 23, 20253 min read


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 21, 20253 min read


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 17, 20257 min read
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