What is a TCPA defense attorney doing with his time? Under the hood of a case.
- Peter Schneider
- Sep 7
- 4 min read
Updated: Sep 21
This is part of my long running series on how telemarketing really works.
Many TCPA plaintiffs wonder how how TCPA defense attorneys spend their time, and what defendants pay (or should pay). Lawsuit Barton v. Real Innovation, 2025 WL 1993193 (W.D. Wash. July 17, 2025) can give us a peek under that hood.
First, some background. Mr. Barton sued Seller Real Innovation, and the Telemarketer Richardson Marketing Group, for unwanted calls.
Real Innovation said their contract with Richardson Marketing Group had an indemnification agreement and cross-claimed Richardson Marketing Group for getting them in the lawsuit.
Richardson Marketing Group didn't participate in the lawsuit and eventually Real Innovation moved for a default judgment seeking recovery for their costs. Their defense attorney Jensen Mauseth provided a declaration that was interesting for the information it disclosed.
The first surprising thing was Jensen Mauseth's hourly rate - $325 per hour. I followed Mr. Mauseth's work in the case and he delivered very competent work at a rate far below many other "TCPA" defense attorneys.
The second surprising thing was the magnitude of the bill - 78 docket entries for $49,754.93. I discussed in another post how many defense attorneys bleed their clients dry with aggressive motion practice and overstaffing the case, and from what I saw of Mr. Mauseth's work he provided a very competent defense without doing any of that.
Mr. Mauseth provided (redacted) billing records showing how he spent his time, and they might be interesting to other TCPA litigants who have filed more than one case.
1.5 hours to "Review Compliant from Barton, recordings of calls, and research prior case filings of serial litigant; telephone call with Mr. Reierson re plan for response"
1.2 hours to "Review additional information provided by Mr. Reierson, draft letter to Mr. Barton, and email Mr. Reierson re same."
0.5 hours to "Research court cases re Mr. Barton, and email same to Jensen Mauseth"
0.6 hours to "Analyze Mr. Barton's serial litigation filings in both State and Federal courts."
1.6 hours to "Prepare request for several of Mr. Barton's Clark County Superior Court Documents. Research and obtain court documents for Mr. Barton's case in U.S District Court for Western District of Washington"
1.7 hours to "Develop points and authorities to defend against Barton's first amended complaint and email to Mr. Reierson re same"
1.7 hours to "Telephone calls and emails with Mr. Reierson re Barton matter."
1.3 hours to "Draft Notice of Removal and supporting documents."
1.1 hours to "Barton - Revise, finalize, and file Notice of Removal and supporting papers."
2.5 hours to "Barton - Review emails, information, recordings, and documents from Mr. Reierson; draft answers and responses to Plaintiff's 1st RFAs and IROGs and email same to Mr. Reierson for review."
1.9 hours to "Barton - Research and develop points and authorities to support dispositive motion to dismiss Plaintiff's claims." [interesting that it was researched for 1.9 hours, the docket shows this was never filed]
0.5 hours to "Barton - Telephone call with attorney for defendant in another case against Barton re background and discovery." [yes defense attorneys call each other to compare notes]
0.6 hours to "Review and analyze case asserted by Mr. Barton as similar to his lawsuit."
4.7 hours to "Barton - Analyze multiple legal cases to support MSJ re disputing agency."
3,1 hours to "Barton - Develope points and authorities for MSJ to show no agency and thus not liable for TCPA. This motion can likely be used as a template in all other cases as well"
3.8 hours to "Barton - Develop points and authorities to support Motion for Summary Judgment to dismiss Barton's claims"
0.3 hours to "Barton - Review TCPAworld.com as referenced by Mr. Barton for [redacted]"
2.1 hours to "Barton - Analyze ability to dismiss claims for telephone calls that allegedly occurred in 2022."
4.2 hours to "Barton - Analyze statutory claims and research case law to develop points and authorities to dismiss those claims."
2.1 hours to "Barton - Analyze different cases filed by Barton in WDWA and start to develop points and authorities for Motion for Summary Judgment."
0.6 hours to "Barton - Telephone call with Mr. Reierson re discovery, deposition, and strategy."
0.2 hours to "Barton - Multiple emails with Mr. Barton re finalized settlement agreement, address for settlement funds [someone paid someone? RI didn't bring this up in their motion for a default judgment from Richardson Marketing Group], and stipulated motion to dismiss with prejudice; emails with Mr. Reierson re signed settlement agreement and next steps to complete settlement obligations."
0.8 hours to "Barton - Multiple emails with Mr. Barton and Mr. Reierson re revision to settlement agreement and Stipulated Motion to Dismiss with Prejudice."
1 hour to "Barton - Draft settlement agreement and telephone call and email with Mr. Reierson re same."
2 hours to "Barton - Analyze ability to dismiss certain claims from Barton and emails with Mr. Reierson re same."
1.5 hours to "Barton - Multiple telephone calls and emails with Mr. Reierson re possible settlement of claims with Barton"
This is just one TCPA defense attorney but it gives insight into an area we don't get to see very often.
Got a Case Like This?
If you’ve had similar problems with telemarketers, debt collectors, or bankruptcy-related harassment, we might feature your story in a future blog post. Email your situation or legal filing to peter@nwdebtresolution.com or nathen@nwdebtresolution.com.
Are telemarketers bothering you in Washington, Oregon, or Montana?
I handle TCPA lawsuits in Washington State and Oregon, and may be able to help.
📞 Call: 206-800-6000 / 971-800-6000
📧 Email: peter@nwdebtresolution.com
Note: The opinions in this blog are mine (Peter Schneider) and do not count as legal advice. If you're thinking of suing over illegal robocalls or Do Not Call list violations, contact me for a legal consultation.
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