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

For whatever reason, different types of lawsuits tend to get different types of attorneys. For example, many debt collection attorneys...

This article complements my article on documenting what telemarketers are calling you , and is intended to have some suggestions on how...

If you get involved in a telemarketing lawsuit, odds are you may want to file, or have to defend from a motion for summary judgment. It...

The five folks reading this blog know I'm following the saga of Nathan Barton's telemarketing lawsuits against Joe Delfgauw and friends....

I recently blogged about why you might want a 30(b)(6) deposition in a telemarketing case, and how as part of preparing for that, the...

Most folks have seen at least the Hollywood version of a deposition, but did you know they come in several flavors? Federal Rule of Civil...

Someone recently ran a situation by me to see what they thought I would do in their situation and I thought it would make a good blog...

This post is to help folks understand what a sham declaration or affidavit is, and how do you beat one in court. In a nutshell, a sham...