INCARCERTATION STATION: Failing to Respond to TCPA Subpoenas Is Leading to Threats of Jail Time and It is a Little Scary

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So not long ago I did a story on a guy who is potentially subject to arrest by federal marshals for failing to respond to a subpoena in a TCPA case.

FACING CONTEMPT: Vajira Samararatne Could Be in Big Trouble in a TCPA Suit–And He Wasn’t Even the One Being Sued!

I thought the story was so interesting I brought the lawyer responsible for the ruling onto the Deserve to Win podcast to discuss. You can check that out here:

Well today we have another story of a subpoena enforcement proceeding in a TCPA case that may also lead to jail time–so this is starting to become a trend.

In Ford v. Glutality, 2025 WL 52850 (W.D. MO Jan. 8, 2024) a lead supplier was sent a subpoena seeking lead records and communications. The supplier apparently failed to adequately respond and the plaintiff moved to compel records.

The Court ordered the production to take place and added a chilling one liner that should be a reminder to everyone of the stakes involved with civil subpoenas:

If Mr. Weiss fails to fully comply with the subpoena, the Court may hold Mr. Weiss in contempt of Court. A finding of contempt may include sanctions, including an award of attorneys’ fees and incarceration.

Incarceration. Eesh.

TCPA is as dangerous as can be folks–even if you are just responding to a subpoena. But jail time is just one risk when responding to a subpoena. Failing to assert proper objections might lead to a needless deposition or an extremely burdensome production that turns your company inside out!

If you receive a subpoena be sure to retain qualified counsel right away to help walk you through the response, assert proper objections and negotiate to prevent making a bigger (and more burdensome) production than necessary.

Quick reminder– Big Bad John Henson is joining an epic webinar in just a few minutes! Be sure to sign up if you haven’t already!

THIRD DAY OF CZARMAS IS HERE!: Your Gift? How About 2025’s FIRST TCPA Webinar– ALL YOUR QUESTIONS ANSWERED!

Chat soon!

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Published by Eric "Czar" Troutman

The Czar of TCPAWorld Eric Troutman is one of the country’s prominent class action defense lawyers and is nationally recognized in Telephone Consumer Protection Act (TCPA) litigation and compliance. He has served as lead defense counsel in more than 70 national TCPA class actions and has litigated nearly a thousand individual TCPA cases in his role as national strategic litigation counsel for major banks and finance companies. He also helps industry participants build TCPA-compliant processes, policies, and systems. Eric has built a national litigation practice based upon deep experience, rigorous analysis and extraordinary responsiveness. Eric and his team feel equally at home litigating multibillion dollar telecommunications class actions in federal court as they do developing and executing national litigation strategies for institutions facing an onslaught of individual TCPA matters. They thrive in each of these roles – delivering consistently excellent results – while never losing sight of the client experience. While many firms now tout TCPA expertise, Eric has been there from the beginning. He built one of the country’s first TCPA-only defense teams and began serving as national TCPA counsel for his clients nearly a decade ago. This perspective allows him to swiftly develop the right litigation strategies for dealing with recurring problems, without wasting time on tactics that are bound to fail. Eric’s rich historical perspective and encyclopedic knowledge of the TCPA landscape also make him an invaluable resource to institutional compliance teams struggling to comply with the shifting regulatory landscape. No task is too small – or too big. Indeed, Eric and his team have helped build TCPA-compliant systems and processes for some of the largest and most complex corporate entities in the country. He commonly works with in-house compliance counsel to build and implement enterprise and business-line specific TCPA solutions, performs TCPA audits and drafts and reviews proposed TCPA policies and procedures. He and his team also have the technical expertise necessary to assist call centers seeking to develop TCPA-resistant call path architecture or to modify existing telephony and software integration to better insulate from potential TCPA exposure. Eric has built a reputation for thought leadership. An avid blogger and speaker, he has been at the forefront of the industry’s effort to push for clarity and a return to sanity for the TCPA for years. He was selected to advocate for the financial services industry on important TCPA issues before the Federal Communications Commission and co-authored the nation’s only comprehensive practice guide on TCPA defense. In his spare time, Eric leads defense teams representing banks and other financial services companies in consumer finance litigation matters. He has experience representing clients in UCC, TILA, RESPA FCRA, CCRA, CLRA, FDCPA, RFDCPA and FCCPA claims, as well as in fraud and bank operations issues.

1 Comment

  1. Incarceration as an incentive! This particular judge has clearly articulated that the orders (and, a subpoena is an order) of the court say what they mean and mean what they say.

    Reply

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