DESERVE TO WIN (EP. 26):How a Small Business Fought TCPA Pro Avi Kaufman and Won! episode artwork

EPISODE · Mar 21, 2025 · 50 MIN

DESERVE TO WIN (EP. 26):How a Small Business Fought TCPA Pro Avi Kaufman and Won!

from Deserve to Win · host Troutman Amin, LLP

You don't see this everyday. So a guy named Joseph Kenney-- the Founder Owner of Powersol USA--reached out to the Czar recently claiming he had "crushed" TCPA-heavyweight Avi Kaufman in a TCPA class action even though he was a small business with very little resources. The Czar looked into the story and it turned out to be true! So he invited Kenney onto the podcast and man--what a story! Kenney explains how his small business (just 14 people) had been operating compliantly before picking up a TCPA class action from Kaufman that Kenney says was just an effort to shake him down for money. Rather than pay--like so many other businesses would do--Kenney fought back--and he saw it through to the end. Kaufman ended up dismissing the case--with prejudice--and never recovered a dime. Its a great story except that it still cost Kenny "hundreds of thousands of dollars." And that's a real issue. As R.E.A.C.H. and others have been advocating for years, TCPA abuse is simply rampant right now and it really hurts small businesses the most. Really important for stories like Kenney's to be out there and for people to pay attention to this! Love the guts and the outcome here though. And hats off to Kenney's lawyers--not us--that fought so hard for the guy. Really impressive stuff.   Before we get to the critical interview, however, we cover all the biggest recent TCPA news including: Robocalls are down massively! Here's why; -The U.S. Supreme Court just destroyed certainty in the law with the death of Chevron deference; -A court (correctly) holds FCC healthcare exception doesn't apply where consent is lacking; -Does a TCPA claim survive the death of a plaintiff? One Court says yes; and -Jurisdictional issues are critical in TCPA cases, as the beautiful and brilliant Baroness explains.   All this, all in one place, right now! Enjoy.

You don't see this everyday. So a guy named Joseph Kenney-- the Founder Owner of Powersol USA--reached out to the Czar recently claiming he had "crushed" TCPA-heavyweight Avi Kaufman in a TCPA class action even though he was a small business with very little resources. The Czar looked into the story and it turned out to be true! So he invited Kenney onto the podcast and man--what a story! Kenney explains how his small business (just 14 people) had been operating compliantly before picking up a TCPA class action from Kaufman that Kenney says was just an effort to shake him down for money. Rather than pay--like so many other businesses would do--Kenney fought back--and he saw it through to the end. Kaufman ended up dismissing the case--with prejudice--and never recovered a dime. Its a great story except that it still cost Kenny "hundreds of thousands of dollars." And that's a real issue. As R.E.A.C.H. and others have been advocating for years, TCPA abuse is simply rampant right now and it really hurts small businesses the most. Really important for stories like Kenney's to be out there and for people to pay attention to this! Love the guts and the outcome here though. And hats off to Kenney's lawyers--not us--that fought so hard for the guy. Really impressive stuff.   Before we get to the critical interview, however, we cover all the biggest recent TCPA news including: Robocalls are down massively! Here's why; -The U.S. Supreme Court just destroyed certainty in the law with the death of Chevron deference; -A court (correctly) holds FCC healthcare exception doesn't apply where consent is lacking; -Does a TCPA claim survive the death of a plaintiff? One Court says yes; and -Jurisdictional issues are critical in TCPA cases, as the beautiful and brilliant Baroness explains.   All this, all in one place, right now! Enjoy.

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DESERVE TO WIN (EP. 26):How a Small Business Fought TCPA Pro Avi Kaufman and Won!

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This episode was published on March 21, 2025.

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You don't see this everyday. So a guy named Joseph Kenney-- the Founder Owner of Powersol USA--reached out to the Czar recently claiming he had "crushed" TCPA-heavyweight Avi Kaufman in a TCPA class action even though he was a small business with...

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