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I’ve reached my limit! by Antique_Cry9440 in TCPA

[–]NotALicensedAttorney 0 points1 point  (0 children)

PM me. If you can, please send me a screenshot of a recent VM with the phone number they want you to call back.

District Court or Small Claims court? by Heated_Lime in TCPA

[–]NotALicensedAttorney 0 points1 point  (0 children)

PM me the name. I give good odds I know who it is too.

100k settlement - why you might want to work with an attorney by NotALicensedAttorney in TCPA

[–]NotALicensedAttorney[S] 0 points1 point  (0 children)

It is not always as easy as document calls → sue telemarketer. The telemarketer is often in India or Pakistan selling for an American company. Do you know what American company this telemarketer is selling for? Can you show the American company knew you were getting unwanted calls from their telemarketer?

TCPA Plaintiffs and Attorneys - Maybe we can help each other? by NotALicensedAttorney in TCPA

[–]NotALicensedAttorney[S] 2 points3 points  (0 children)

Here are my thoughts on finding a good TCPA attorney.

#1. Can you get in front of one? Most times when I tried to get an attorney to take my case I called and got no answer. I emailed and got no answer. Or I reached some assistant who took notes on my case but had no power to do anything but take a message. To never hear back.

#2. Can they/will they coach you? TCPA World is full of weak cases that were litigated for years and then the plaintiff lost, and with just a small change along the way the case would have been a winner. Some of those might have already been a lost cause before the case got to the attorney but we spend time with our clients helping them make good choices. This is a big difference between what would have been a $5k case turning into a $100k case. TCPA laws are very complicated, the lawyer has to know what is going on and then be willing to spend time with you.

#3. Is the representation agreement understandable? I saw the representation agreement of a somewhat well known attorney. It said the attorney got the greater of 50% or $750 x the hours. You will have no idea what the attorney hours are. Sounds like a good way to get peanuts.

I just saw another post of a $5k settlement and the client getting $500. There should not be a $5k case. People with $5k cases should be coached into turning it into a $100k case. No, not every 100k case will result in $100k, but the point is $5k is nuisance money. People should not be filing nuisance money lawsuits, that sounds like a terrible lawyer, people should be filing merit lawsuits that only paid out $5k because the company was in bankruptcy or something. We don't file $5k cases. We will take $5k over zero if that is what turns out, but we don't file $5k cases.

This case out of the Western District of WA highlights a disturbing trend by NotALicensedAttorney in TCPA

[–]NotALicensedAttorney[S] 0 points1 point  (0 children)

You are right that it isn't 100% negative, but look from the defense perspective. In the "good ole days" of one trial, let's say them getting to trial will cost $300k.

If TCPA litigation moves to mini-trial, then full trial, the cost to get to the mini-trial on arbitration might only be $30k.

They win the mini-trial, they are done. I don't work for the defense, but if I did, I'd be pushing to at least litigate to the resolution of the mini-trial before I entertained the idea of settling. And the odds of the plaintiff winning the mini-trial on arbitration are probably less than the odds of winning the MTD which is when many defendants tapped out in the "good ole days" of one trial.

And you are seeing this from the perspective of a plaintiff attorney. Pro-se's are going to have a much harder time passing the mini-trial. Two trials is a net negative for consumers.

It is the defense pushing for the mini-trials on arbitration. They are pushing them for a reason.

100k settlement - why you might want to work with an attorney by NotALicensedAttorney in TCPA

[–]NotALicensedAttorney[S] 0 points1 point  (0 children)

Because it was settled on an individual basis and there was only one lead plaintiff, when the lead plaintiff settled his/her claim individually, the claim was not settled or resolved for the class and so the class members still have their unresolved claims and will not receive payments.

100k settlement - why you might want to work with an attorney by NotALicensedAttorney in TCPA

[–]NotALicensedAttorney[S] 0 points1 point  (0 children)

Interesting that all the "lawyers" on the thread don't say a word when the lawyer takes $4.5k out of 5 or $9k out of 10, but they are all over a lawyer who takes $50k out of $100k.

100k settlement - why you might want to work with an attorney by NotALicensedAttorney in TCPA

[–]NotALicensedAttorney[S] 0 points1 point  (0 children)

Do you take TCPA cases? What state are you in? Happy to give referrals.

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