Avoid counterclaims if you can. Lean into them if you can't.
- Peter Schneider
- 6 hours ago
- 1 min read
I preach playing defensive ball in TCPA lawsuits to avoid counterclaims. But you might run into Joe Delfgauw who testified that he countersues all TCPA plaintiffs. If you can't avoid the counterclaim, then the only choice left is to make it work for you. Use it to show the jury what an abusive telemarketer Mr. Delfgauw and his ilk are. Now this plaintiff has more than just the counterclaim, but I suspect any telemarketer relying on counterclaims to duck accountability has a host of abusive practices like seen here. Here are the slides going along with the plaintiff's opening statement at trial. How can the telemarketing defendant bounce back from this?
Do you think the jury will like Mr. Delfgauw?
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Note: The opinions in this blog are mine (Peter Schneider) and do not constitute legal advice. If you're considering suing over illegal robocalls or Do Not Call list violations, contact me for a legal consultation.
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