Federal judge grabs bull by the horns - orders TCPA defendant to explain fraud allegations
- Peter Schneider
- 12 hours ago
- 2 min read
TCPA defendants love accusing TCPA plaintiffs of manufacturing the claim. Usually there is little downside to doing so, but one judge apparently decided to cut to the chase.
The case is ZELMA v. RAM et al in the District of New Jersey, case #2:25-cv-15701-EP-JS. The defendants removed the case from state court, then wrote a letter to the judge ostensibly asking for permission to file a FRCP 12(c) motion for a judgment on the pleadings.
"The record will show that Plaintiff attempted to manufacture this claim by calling Defendants, misrepresenting that he was interested in selling his home, and providing a false phone number and name in furtherance of soliciting information from the Defendants in support of the claims made in this action."
The judge saw that and responded by canceling a scheduled hearing and ordered the defendant to show their hand:
In their pre-motion letter, Defendants represent that "the record will show that Plaintiff attempted to manufacture this claim by calling Defendants, misrepresenting that he was interested in selling his home, and providing a false phone number and name in furtherance of soliciting information from the Defendants in support of the claims made in this action." D.E. 7 at 1. Defendants shall provide the Court with a supplemental letter indicating its basis for this statement and what proofs it has to substantiate that claim. The Court will cancel this pre-motion conference scheduled for next week, and upon review of Defendants' supplemental letter, the Court will indicate on the docket next steps in this action. So Ordered by Judge Evelyn Padin on 10/30/2025. (bt) (Entered: 10/30/2025)
I'll check in at some point with an update.
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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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