TCPA Plaintiffs - Anything you say can and will be used against you.
- Peter Schneider
- Aug 14
- 5 min read
Updated: Sep 4
This is part two of what might become a long running series - anything you say can and will be used against you in court.
A Mr. Hossfeld and a Mr. Newman are suing Allstate Insurance Company for violations of the telephone consumer protection act over in the Northern District of Illinois.
Allstate came to believe these two plaintiffs were discussing things relevant to the lawsuit on website robocalls.cash run by a Brainstorm XX LLC. The Northern District of Illinois federal court didn't have subpoena jurisdiction over Brainstorm, so Allstate filed this action in the Eastern District of Texas, Sherman Division, to compel Brainstorm to produce the documents containing Mr. Hossfeld's and a Mr. Newman's conversation history. Hossfeld v. Allstate Ins. Co., No. 4:24-mc-142, 2025 U.S. Dist. LEXIS 155103 (E.D. Tex. Aug. 12, 2025)
If Brainstorm produces these documents, this looks to be a trainwreck for many involved, not just Hossfeld and Newman. Allstate is asking for everything Hossfeld and Newman ever wrote on this forum:
Throughout the course of discovery, Allstate learned that Newman routinely participates in an online members-only forum, www.robocalls.cash/members-forum (the “Forum”) that Brainstorm maintains and operates. The Forum allows its members to communicate about robocalls and telemarketing calls made to cellular devices. According to Allstate, Newman’s participation in the Forum involves communications that are central to this litigation—“unsolicited telemarketing calls made using artificial or prerecorded voices, to individuals on a DNC list without their express written consent, for purposes of selling insurance policies”. Accordingly, Allstate seeks production of documents reflecting Newman’s and Hossfeld’s involvement in the Forum, including their posts, replies, and reposts.
Allstate already has what they want (someone already in the forum took screenshots), the subpoena is for the admissible business record versions. Below are the sample images Allstate used to help get the motion to compel granted. Anyone who touched a thread these two guys posted in are about to get made public themselves. This forum has been around for about 7 years and in opposing the motion to compel, Brainstorm admitted there was about half a decade of posts in it.
While these specific posts are fairly benign, if there are thousands of posts to choose from, I can assure you Allstate's defense attorneys will:
Make Hossfeld and Newman look terrible in this case
Give these posts to anyone else Hossfeld and Newman are litigating against
Give these posts to any other defendants mentioned
Know everyone's litigation strategy
Murder these people in depositions and then trial
REPORT A BUNCH OF PEOPLE FOR UNOTHORIZED PRACTICE OF LAW
These posts are benign to people who understand how investigation of unwanted calls works, but how will Allstate and every other defendant discussed in the chat use it?
Upon information and belief, Newman posted on the Forum and, as per unauthenticated screenshots obtained by Allstate’s counsel, appears to have engaged in conduct intended to solicit additional calls so that he could manufacture alleged TCPA violations and seek to recover additional damages. See Exhibit B, containing screenshots of apparent postings from Newman on the Forum. Brainstorm’s documents are absolutely necessary to both authenticate the posts by Newman on the Forum, and to uncover any additional posts or replies by either of the Plaintiffs.
Tons of current TCPA defendants are going to look to see if their plaintiff is on this forum, and hit it with their own subpoena if they are. I absolutely guarantee a number of judges will see these posts and do what they need to do to put their thumbs on the scale to make these TCPA plaintiffs lose.
If you must talk on the internet, what can you do?
Don't use your real name. In the posts above, apparently everyone is who they say they are.
Don't use identifying information so that someone can get your real name
If you are not an attorney, preface everything with you are not an attorney and nothing you say is legal advice
Don't put sensitive issues in writing anywhere on the internet!
Use the phone to discuss sensitive issues. They can't subpoena a voice conversation.
Use something like Signal to discuss sensitive issues. They can't subpoena a message that vanished but there are still risks and obligations.
Don't trust anyone you have not verified / vetted yourself. This "vetting process" disclaimer below is still on the robocalls.cash website. Do they still think this it's true?
This includes who is running your chat! Brainstorm XX LLC's registered agent is Lee Compton, an active TCPA litigant. Push comes to shove, he can't afford not to comply with this order, or he faces a world of hurt in his other ongoing litigation. If you are in an internet forum with a treasure trove of old posts for the first TCPA defendant who comes along, it better be a forum where the entity running it is immune to court orders from the united states.
In the interest of protecting the integrity of the forum, and its members, we have a thorough vetting process that includes an application that has been designed to prevent infiltration by robocallers and their attorneys. That means that the information shared in the forum is secure, and can only be used by the members for its intended purpose… STOPPING ILLEGAL ROBOCALLS. Generally speaking, the vetting process is completed within one business day, but can take as much as three business days in some cases. You may also be asked to provide proof of your employment or occupation, prior to acceptance.
I've heard whispers of internet discussion websites but never seen one for myself, so I don't know what all goes on in them, but I do know that nothing can make you look worse than your own words and that a defense attorney can and will make benign conversation look terrible. And such conversations are all the motivation many judges need to come after a plaintiff.
The real crime here is that Hossfeld and Newman were putting the screws to Allstate. They had repeatedly sued Allstate for unwanted calls because apparently Allstate is addicted to them and can't stop. Hossfeld and Newman soundly defeated Allstate's motion for summary judgment back in early 2024:
The MSJ shows that Hossfeld and Newman did a lot of work building a solid case against Allstate. Allstate, like many other TCPA defendants, isn't trying to defend its innocence, but by putting Hossfeld and Newman themselves on trial. Pro-se TCPA plaintiffs think it shouldn't work (because it shouldn't) but bad actors like Allstate do it because it often does work.
As as TCPA plaintiff, keeping your case to yourself (or at least out of the defendant's hands) is your most valuable asset and you need to live your life accordingly. Don't use your real name on the internet. Don't say things that identify you and your case. Yes don't write anything you would not want a judge to see, but don't be Pollyanna about what you think will upset a judge. Many judges are looking for a reason to come after you and your case and will "misunderstand" what they see to come after you. Don't forget that what you write might come back at you in a deposition. As you live your life, think, what is subpoena proof and what am I just being lazy about. Are you using gmail for sensitive topics? Are you on someone's discord server chatting away like you are in your living room? You are just being lazy.
Make sure everyone knows you are not an attorney and you don't give legal advice.
Are telemarketers bothering you in Washington or Oregon? I handle TCPA lawsuits in both states and may be able to help. If you're considering action against illegal robocalls or Do Not Call list violations, reach out for a legal consultation.
📞 Call: 206-800-6000 / 971-800-6000
📧 Email: peter@nwdebtresolution.com
Note: The opinions in this blog belong to me (Peter Schneider) and do not count as legal advice. If you’re considering suing over illegal robocalls or Do Not Call violations, please contact me for a legal consultation.
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