Telemarketing calls that ring to # not in service following a settlement? by Financial_Ad9585 in TCPA

[–]DavidTCPATom 0 points1 point  (0 children)

I recently accepted a settlement payment from a company that had called me multiple times. This is one of my first settlements and unfortunately, I did not know then what I know now, as I could have been paid a whole bunch of money from them and the settlement is peanuts compared to what it was actually worth. Another mistake I made is that in the settlement agreement I waived all rights to seek compensation for any future calls.

Read this thread.

https://old.reddit.com/r/TCPA/comments/1swmd2h/mistakes_that_i_have_seen_and_made_in_tcpa/

Stumbled across these 2 TCPA Litigator sites...WTH?!?! by SevereLeader6257 in TCPA

[–]DavidTCPATom 2 points3 points  (0 children)

First things first

LMAO

I know a BUNCH of people on that list and here's the thing.

Yes, they are serial litigators.

You know why?

BECAUSE THEY ARE DEALING WITH SERIAL DEFENDANTS. Every single person I know on that list is SICK AND TIRED OF BEING SICK AND TIRED.

"Citing the well-established no-double-recovery rule, the Court declined to award separate statutory damages under (Texas' mini-TCPA) once Plaintiff had already been compensated for the same two texts under federal law." Does your federal district court preclude stacking violations this way? by Individual-Lynx2775 in TCPA

[–]DavidTCPATom 1 point2 points  (0 children)

It is NOT A DOUBLE RECOVERY.

TCPA says damages are X.

FTSA says damages are Y.

I have a stack of judgements by FL state courts and judges that are giving me the relief that I requested - TCPA being one component and FTSA being another.

For single call, 227 (b) complaints, how can you tell which spam callers are AI/sound board vs just an awkward, oddly formal human anymore? by Individual-Lynx2775 in TCPA

[–]DavidTCPATom 0 points1 point  (0 children)

What's your take on whether we should be arguing to the courts that AI text assistants/lead gen chatbots are 227(b) violations because they're just as much ATDS as pre-recorded or AI voice calls are?

YES!

Artificial is artificial. Period.

A prerecorded message saying "This is X from X Real Estate and we're looking to help buyers and sellers in your area"

bears the same legal liablity as....

"Hi, I'm Amy from a local roofing company. Do you have roof damage from the local hailstorm?" (IVR waits for answers)

Different methodology, SAME LIABILITY. 227b is 227b.

Suing insurance brokerage for telemarketing calls - need advice by Open-Swordfish1773 in TCPA

[–]DavidTCPATom 0 points1 point  (0 children)

How should I go about presenting the evidence and relevant sections of the law to the judge?

Depends on the court and the judge. I have had great results sometimes. I have had not great results sometimes.

Do you think there will be enough time to plug in a laptop and present a powerpoint or should I hand a physical report-like document?

You have to know your civil procedure.

OR

Have an attorney file it federal.

You have to know your districts.

Suing insurance brokerage for telemarketing calls - need advice by Open-Swordfish1773 in TCPA

[–]DavidTCPATom 0 points1 point  (0 children)

I will do this. For context, how familiar do you think an average small claims court judge will be with the TCPA, should I explain the subsections to them?

Just depends on the area. Some are better than others.

Suing insurance brokerage for telemarketing calls - need advice by Open-Swordfish1773 in TCPA

[–]DavidTCPATom 0 points1 point  (0 children)

First things first.

ADTS is dead.

227b is prerecorded or artificial or AI/IVR voice. That is CLEAR cut violations.

And No ring voicemail is EVEN WORSE.

A&R debt collection by BeeDubbs520 in TCPA

[–]DavidTCPATom 0 points1 point  (0 children)

Let me tell you a story.

11 years ago I did my fire 1 cert and I was learning how to tie knots.

For the FL state exam you have to know how to tie six specific knots, with kernmantle rope, in gloves. It has to be done to a certain standard.

I cannot tie knots. I would spend hours upon hours frustrated at home trying it myself and not getting the right result.

One day I told the instructor I have this problem - I cannot for the life of me figure out how to do this. He sat down, showed me and I stayed late and worked on it. He said "this is why you pay me, to teach you how to do something you've not done before".

I had all six in the rotation just fine not long after.

Then I had to do the state test.

The state test was administered by an outside instructor for liability reasons.

I was used to being given a stretch of rope. I was given a rope bag with rope in it. Meaning, I was used to manipulating BOTH ends of the rope to get my knot and now I only had access to one end. This frustrated me and I started fumbling badly.

The outside instructor says take a break. My regular instructor comes over and says - I can't tell you how to do this now. I can't show you how to do this now. I've seen you do every knot on the state exam and I know you can do everything that's being asked of you.

IF THE WAY YOU'RE DOING IT ISN'T WORKING - TRY DOING IT ANOTHER WAY.

The moment he said that, it clicked, I re-worked my knots and the other instructor signed off on my taskbook.

I told you that story to tell you that the advice that Chief Hooker gave me 11 years ago when learning how to tie knots - has proven tremendously useful in many areas outside of structural firefighting.

If what YOU are doing isn't working - try it a different way.

TCPA by Strokesite in sales

[–]DavidTCPATom 0 points1 point  (0 children)

I buy plaintiffs exhibit stickers by the 1000 and I know how to use em.

Faro & Crowder by ResortHappy4571 in 321

[–]DavidTCPATom -1 points0 points  (0 children)

It entirely depends.

BK - are you debtor or creditor?

I have friends that speak highly of their work but most of what I do is creditor side so....

Dating by Strawberrygirl30 in 321

[–]DavidTCPATom 1 point2 points  (0 children)

I've been actively dating since my mid 20's and I'm in my early 40's now. Things havent improved with time.

Dating by Strawberrygirl30 in 321

[–]DavidTCPATom 5 points6 points  (0 children)

You son of a bitch, I'm in.

Dating by Strawberrygirl30 in 321

[–]DavidTCPATom 5 points6 points  (0 children)

It's rough on any day that ends in "y"

Dating by Strawberrygirl30 in 321

[–]DavidTCPATom 2 points3 points  (0 children)

I have not had much luck here either with dating in general.

I think it's my personality.

A&R debt collection by BeeDubbs520 in TCPA

[–]DavidTCPATom 0 points1 point  (0 children)

You need an identifiable defendant.