Pensions are a vital source of income for many retirees, providing financial stability and security in their later years. Most pensions...

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...

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...

The subpoena is a powerful document in litigation. It is a court order (when used properly) requiring a non-party to do things like...

Social Security funds provide a critical financial safety net for millions of Americans, particularly the elderly, disabled, and...

Chapter 13 bankruptcy, often referred to as a "wage earner's plan," is a type of bankruptcy that allows individuals with an income above...

Chapter 7? Chapter 11? Chapter 13? What are all these "chapters" and which one would be best for me? Chapter 7 bankruptcy, often referred...

If the TCPA plaintiff doesn't ask for much, many telemarketers will settle quickly. But some want to fight every lawsuit, and if the...

The great Jimmy Cliff once sang "the harder they come, the harder they fall." I experienced a similar phenomenon when a collection agency...

Imagine you are checking out at a sale-resale store, and the clerk tells you if you want to sell the movies you are purchasing back...

One of the regulations implementing the Telephone Consumer Protection Act is 47 CFR § 64.1200(d): No person or entity shall initiate any artificial or prerecorded-voice telephone call pursuant to an exemption under paragraphs (a)(3)(ii) through (v) of this section or any call for telemarketing purposes to a residential telephone subscriber unless such person or entity has instituted procedures for maintaining a list of persons who request not to receive such calls made by or

In a past blog article I wrote about admissions vs stipulations , and the inherent weaknesses of admissions. Admissions in federal court...

A lesser known restriction in the Telephone Consumer Act's implementing regulation 47 CFR § 64.1200 (c): No person or entity shall...

Earlier I wrote about Washington State's Consumer Electronic Mail Act RCW 19.190 's application to text messages , and I mentioned it...

The Telephone Consumer Protection Act (TCPA) is a federal statute regulating telephone solicitation and telephone call technology. Each...

Just days ago I was writing about my second hand embarrassment for another attorney who wrote a poorly received motion to dismiss in ...

Today I want to talk about a defendant in a TCPA lawsuit that sent some confirmation text messages and is now going to trial for unwanted...

California has a strict invasion of privacy law commonly known as CIPA. It provides a statutory award of $5,000 for recording a call...

It feels great to help a client who has been harassed with hundreds of unwanted telephone calls get compensated, but I am writing this...

Many telemarketing lawsuits end in a settlement agreement. Most lawsuits that get past the motion to dismiss stage end in a settlement agreement. And defendants often require settlement agreements to have confidentiality and non-disparagement clauses because they are concerned that if the TCPA plaintiff runs around telling the world that he got a big fat check for calls from the defendant, it will encourage a lot more TCPA plaintiffs to come after the defendant. From a defend