TCPA Deposition Preparation Guide

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    TCPA Deposition Preparation Guide

    The Telephone Consumer Protection Act (TCPA) protects consumers from unwanted telemarketing calls, robocalls, and texts. In a TCPA case, your deposition is a key opportunity for the defendant’s attorney to question you about the calls or texts you received, your phone usage, and your damages.

    1. Purpose of the Deposition

    • Let the defense learn your story.

    • Test the accuracy of your memory.

    • Search for inconsistencies they can use later.

    • Gauge your credibility as a witness.

    2. Key Rules to Remember

    1. Tell the Truth – You are under oath.

    2. Answer Only What’s Asked – Don’t volunteer extra details.

    3. Don’t Guess – If unsure, say “I don’t recall.”

    4. Pause Before Answering – Allows your attorney to object if needed.

    5. Stay Calm – No arguing or sarcasm.

    3. Review Your Case Facts

    Before the deposition, review:

    • Timeline of Calls or Texts

      • When they started

      • Frequency and duration

      • Any patterns (time of day, numbers used)

    • Consent History

      • Whether you ever gave permission to be contacted

      • If and when you revoked consent

    • Evidence

      • Call logs

      • Text screenshots

      • Voicemails

      • Written correspondence

    • Impact on You

      • Annoyance, stress, disruption to work/sleep

      • Any costs (extra phone charges, lost time)

    4. Common TCPA Deposition Questions

    Background:

    • Name, address, phone numbers you use/have used.

    • Phone type (cell, VoIP, landline) and service provider.

    Consent Issues:

    • Did you ever fill out a form, make a purchase, or give your number to the defendant?

    • Did you ever agree to terms & conditions allowing calls?

    • How and when did you revoke consent?

    Call/Text Details:

    • How often and when the calls/texts occurred.

    • Whether they were prerecorded, robotic, or live.

    • Whether you answered the calls or let them go to voicemail.

    • Caller ID numbers used.

    Damages:

    • Emotional distress, inconvenience, or financial loss.

    • Disruption to your daily activities.

    Prior Complaints:

    • Did you contact the company to stop the calls?

    • Did you file complaints with the FCC, FTC, or state attorney general?

    5. How to Strengthen Your Testimony

    • Bring Organized Evidence – Chronological call logs, text screenshots, written revocation letters.

    • Know the Timeline – Be consistent with dates and sequence of events.

    • Be Clear About Consent – If you never gave permission, say so clearly; if you revoked it, explain exactly when and how.

    • Avoid Overstatements – Stick to facts; don’t exaggerate frequency or impact.

    6. What NOT to Do

    • Don’t speculate about the company’s motives or technology — unless you have firsthand knowledge.

    • Don’t claim you “never” got calls if you did — use “I don’t recall the exact number” instead.

    • Don’t let silence pressure you into adding more details.

    7. After the Deposition

    • Review the transcript for accuracy.

    • Work with your attorney on any clarifications or follow-up.

    TCPA Deposition “Hot Seat” Practice Q&A

    The defense attorney’s goal in a TCPA deposition is to:

    • Show that you consented to the calls/texts,

    • Minimize the number of violations, and

    • Downplay any harm you suffered.

    Practicing these tough questions will help you stay confident, truthful, and consistent.

    1. Background & Contact Info

    Q: Please state your full name, address, and date of birth for the record.
    Trap: None — basic ID question.
    Tip: Answer briefly and clearly.

    Q: What phone numbers have you used in the past five years?
    Trap: Expands scope to other numbers they may have called.
    Tip: Give only numbers you actually used; don’t speculate on old/disconnected numbers unless certain.

    2. Consent Issues

    Q: Did you ever give our client your phone number?
    Trap: If yes, they’ll argue you gave consent to be called.
    Tip: If you gave it for a specific purpose, explain that limited scope — “I gave it only for account verification, not marketing calls.”

    Q: Did you ever fill out a form, sign a contract, or check a box agreeing to be contacted?
    Trap: They’ll try to show express written consent.
    Tip: If you don’t recall, say so — don’t guess. If you did, explain the context.

    Q: Did you ever do business with our client?
    Trap: They’ll argue the relationship justifies calls.
    Tip: Answer truthfully but limit details to the specific transaction.

    3. Call & Text Frequency

    Q: How many times per week did our client call you?
    Trap: They’ll compare your answer to call records to attack credibility.
    Tip: Use ranges — “About two to four times per week, to the best of my recollection.”

    Q: Did we ever call you before 8 a.m. or after 9 p.m.?
    Trap: They’ll check against their logs.
    Tip: Only confirm if you’re certain; otherwise, “I believe so” or “I’d need to review my records.”

    Q: How do you know the calls were automated or prerecorded?
    Trap: They’ll try to show you can’t tell for sure.
    Tip: Describe actual indicators — delays before a voice, identical prerecorded message, robotic tone — not assumptions.

    4. Revocation of Consent

    Q: Did you ever ask our client to stop calling?
    Trap: If you didn’t, they’ll argue calls were lawful.
    Tip: If you did, give specific details — date, method (phone, letter, email), and what you said.

    Q: Did you send a letter or email requesting no further calls?
    Trap: They’ll demand proof.
    Tip: If you have copies, say so; if not, just explain what you sent and when.

    5. Damages & Impact

    Q: How exactly did these calls affect your daily life?
    Trap: They’ll argue the impact was minimal.
    Tip: Be specific — interrupted work meetings, disturbed sleep, stress, anxiety, embarrassment in front of others.

    Q: Did you change your phone number because of the calls?
    Trap: They’ll say your harm wasn’t serious if you didn’t.
    Tip: If not, focus on other disruptions you experienced.

    Q: Did you ever block our client’s number?
    Trap: They may argue you failed to mitigate damages.
    Tip: If you tried, say so; if you didn’t, explain why (calls came from multiple numbers, you didn’t know how, etc.).

    6. Prior Complaints

    Q: Have you ever complained to the FCC, FTC, or your state attorney general?
    Trap: They’ll use complaints to cross-check your testimony.
    Tip: Answer truthfully — “Yes, I filed an FCC complaint on [date]” or “No, I did not.”

    Q: Have you ever sued or filed a claim under the TCPA before?
    Trap: They may try to paint you as a “professional plaintiff.”
    Tip: Answer truthfully but don’t offer details unless asked.

    Practice Tips

    • Stick to Facts – Avoid assumptions about why they called or how their system works.

    • Keep Answers Tight – The shorter the answer, the less they have to twist.

    • Control Pace – Pausing before answering gives you time to think.

    • Stay Calm Under Pressure – They may try long pauses or rapid-fire questions — don’t let that rattle you.

    📄 Pro Tip: In TCPA cases, the biggest pitfalls are overestimating call counts, speculating about technology, and being vague about consent. Practicing these scenarios before your deposition can prevent damaging missteps.

    📞 Need Help Preparing for a TCPA Deposition?
    At Ginsburg Law Group, we walk clients through likely questions, rehearse testimony, and make sure you’re ready for the defense’s tactics.
    We also ensure your evidence is airtight and your answers are clear, truthful, and compelling.


    Call 855-978-6564.