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INCARCERTATION STATION: Failing to Respond to TCPA Subpoenas Is Leading to Threats of Jail Time and It is a Little Scary
Friday, January 10, 2025

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.

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