It is surprising how many attorneys write poor complaints that get rejected at the motion to dismiss stage. Here is another one and it...

The three common written forms of lawsuit discovery are interrogatories, requests for documents, and requests for admissions (RFAs). The...

This blog has a running theme for Telephone Consumer Act Plaintiff's - play defensive ball because TCPA defendants are quite willing to...

Earlier I posted about how Pinnacle Home Improvements was trying to duck a telephone consumer protection act lawsuit by claiming the...

Fundamentally, a lawsuit is either a dispute of facts, a dispute of law, or both. When both sides want to narrow down factual disputes,...

In a ruling that should surprise no one but is refreshing to see, a New York federal court ruled on September 19, 2024 that silence is...

47 U.S. Code § 227(a)(4) defines "telephone solicitation" as the initiation of a telephone call or message for the purpose of...

This post isn't knocking anyone. Even seasoned attorneys can have a poorly written complaint, and often times it doesn't seem to matter,...

Most illegal calls these days are initiated from telemarketers over in the third world. One company calls, another company screens, and...

I discussed earlier how real estate companies often argue they are exempt from telemarketing laws if they are calling to try and buy your...

This is an unsolicited review of pro-se plaintiff Farbod Moghadam's second amended complaint against Alleviate Tax LLC alleging...

If you saw this on a website, would you think you were talking to a real person? Pinnacle Home Improvements of Georgia put this on their...

47 CFR 64.120 (d)(4) is an Achilles Heal for telemarketers. Telemarketers want to hide behind fake names but (d)(4) requires them to...

I had the privilege to be in a consulting role in a six figure TCPA settlement that went down in the last few days and I thought the...

Many illegal telemarketing calls are spoofed - the calling number on your screen is fake. But some are real, often from screwup or...

I discussed in this post what is driving many of the unwanted telemarketing phone calls, but one source I left out is just the...

Lawsuit Woodard v. Health Insurance Alliance , 2024 WL 942629 (N.D. Ill. March 5, 2024) illustrates a difficulty some TCPA plaintiffs...

Have you received a lawsuit or a threat to sue over a very old debt? So did Michael Kaiser. He purchased a car with the usual monthly...

We all know that 47 U.S. Code § 227(c) provides statutory damages of up to $500 per violation, and 47 U.S. Code § 227(b) provides...

A Western District of North Carolina Court just gave a primer on how to make proper allegations when multiple parties are involved in...