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Second hand embarrassment for Telemarketer who files foolish MTD
For whatever reason, different types of lawsuits tend to get different types of attorneys. For example, many debt collection attorneys...

Peter Schneider
Jan 314 min read
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Investigating who is texting you - documenting text message TCPA violations
This article complements my article on documenting what telemarketers are calling you , and is intended to have some suggestions on how...

Peter Schneider
Jan 214 min read
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What is admissible evidence at summary judgment?
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...

Peter Schneider
Jan 215 min read
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Let's review the worst dumb telemarketing counterclaim I've ever seen
The five folks reading this blog know I'm following the saga of Nathan Barton's telemarketing lawsuits against Joe Delfgauw and friends....

Peter Schneider
Jan 1610 min read
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Watch your language - can you ask the defendant for legal conclusions in a deposition?
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...

Peter Schneider
Jan 155 min read
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What is a 30(b)(6) deposition and why do you want one?
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...

Peter Schneider
Jan 76 min read
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Playing hardball - my thoughts on a telemarketer playing games with a subpoena
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...

Peter Schneider
Jan 72 min read
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What is a sham declaration or affidavit and how do you beat one?
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...

Peter Schneider
Jan 75 min read
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Don't make these pleading mistakes on liability in your TCPA lawsuit - and what to do if you did
TCPA lawsuits are one of the more difficult areas to litigate. They typically run a wide range of legal issues, none less complex then...

Peter Schneider
Jan 74 min read
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Can you sue telemarketers for unwanted calls initiated to your child's phone?
These days most minor children have a cell phone, and where there is a cell phone, there is a telemarketer looking to call it. Can...

Peter Schneider
Jan 62 min read
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Residential telephone lines and the telephone consumer protection act
The TCPA 47 U.S. Code § 227 and the TCPA's implementing regulations 47 CFR § 64.1200 use the terms "residential line" and "residential...

Peter Schneider
Jan 68 min read
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Defense from the dark arts - fighting off countersuits in Washington State Courts
Scam businesses have a couple of typical characteristics. They are highly profitable because they have little in the way of true...

Peter Schneider
Jan 213 min read
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What does it look like when a telemarketer doesn't ratify TCPA violations?
Many of my posts have discussed how to hook a Seller for the violations of their Telemarketer. Typically what I see is the TCPA plaintiff...

Peter Schneider
Dec 30, 20245 min read
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Avoiding compelled arbitration in TCPA lawsuits
Today I want to talk about forced arbitration in TCPA lawsuits. Specifically, dodging it. I'll use several real lawsuits to do it. First...

Peter Schneider
Dec 30, 202412 min read
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Counterclaims against TCPA plaintiffs is the new normal - how to deal with them and turn them in your favor
As long as there have been TCPA lawsuits, defendants have been cycling back and forth between countersuing and not countersuing the...

Peter Schneider
Dec 12, 20248 min read
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Proving TCPA damages through ratification
I discussed in this recent article about the relationship between Telemarketers who initiate the calls by which Sellers try to sell you...

Peter Schneider
Dec 4, 20246 min read
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TCPA: How to get at the Seller through the Telemarketer - Federal court shows the way
Most telemarketing calls are initiated by a Telemarketer, defined in 47 CFR § 64.1200(f)(12) the person or entity that initiates a...

Peter Schneider
Dec 4, 20248 min read
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Using Investigative deception in TCPA litigation
There is a well known axiom in legal circles - you can't sue who you can't identify. Telemarketer's primary method of defending lawsuits...

Peter Schneider
Nov 22, 202414 min read
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The mechanics of holding telemarketers personally liable under the TCPA for their illegal calls
About a week ago I discussed the pros and cons of holding telemarketing corporate executives personally liable for the unwanted calls ....

Peter Schneider
Nov 22, 20248 min read
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Federal court gives roadmap to holding sellers accountable for the actions of their telemarketers - agency law
Most telemarketing calls are initiated by someone other than the seller which is why Congress allowed recipients of unwanted phone calls...

Peter Schneider
Nov 20, 20245 min read
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