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 post.

Here is the setup. Plaintiff got calls from a Telemarketer pitching products for a Seller. Plaintiff has reason to believe the Telemarketer is a "one stop shop" for developing a marketing campaign's advertising materials, and then initiating phone calls on the Seller's behalf. Plaintiff sues Seller and sends a subpoena to the Telemarketer asking for the advertising materials and call records.

Telemarketer objects in writing saying the requests are burdensome and overbroad and asks for a meeting. Plaintiff asks what I would do. My first thought was what the Telemarketer didn't say - "We don't have any". To object as "burdensome" is to admit there are records to produce.

I would go to the conference and ask them for good dates for their upcoming 30(b)(6) deposition. And unless they settled their way out of it, that is exactly what I'd do.

I'd love to be a fly on the wall of that meeting.

Would you like a free case review? Do you have a question or a telemarketing, debt collection, or bankruptcy case that would make a great blog article? We might even review your pro-se complaint or motion in a blog post. Email peter@nwdebtresolution.com and/or nathen@nwdebtresolution.com and we may answer it for everyone!

Are telemarketers harassing you in Washington, Oregon, or Montana? My Washington State TCPA plaintiff law practice can help, just give us a call at 206-800-6000 or email peter@nwdebtresolution.com.

The thoughts, opinions and musings of this blog are those of Peter Schneider, a consumer advocate and Washington State plaintiff's TCPA attorney at Northwest Debt Resolution, LLC. They are just that, his thoughts, opinions and musings and should be treated as such. They are not legal advice. If you are looking to file a lawsuit for TCPA violations and unwanted calls please contact me for a consultation.