Deserve to Win

Two first names. Zero holding back. Well folks here is an early Christmas present from your favorite law firm–Troutman Amin, LLP. Repeat litigator– and absolute loose cannon– David Tom agreed to join the show, and he absolutely does not hold back. From quoting Rocky– “if he dies, he dies”– to suggesting he has no absolutely concern for small businesses his lawsuits cripple this guy does not hold back. You absolutely HAVE TO WATCH this interview. Before we get there, we discuss some of the biggest news out there: Optum obtaining a massive win holding insurance authorization messages are emergency purpose messages; An agent who is sued personally in a TCPA suit and faces $450k in exposure; The wild machinations in Texas and whether telemarketer registration is really necessary; and A big win by Credit One compelling arbitration in a TCPA class action. It's all here RIGHT NOW. Check it out and let us know what you think about this guy. This guy is a real loose cannon. let me know your thoughts. Also, Troutman Amin, LLP rates rise Jan. 1, 2026– so retain us now and save! Chat soon. #law #learning #learn #free #fun #awesome #incredible #win #winning #marketing #advertising #deservetowin

Well folks this is our biggest podcast episode yet and the place where Deserve to Win podcast moves from the biggest guests in TCPAWorld to just the biggest guests in the world period. Ron Rivera-- a member of the Super Bowl winning '85 Chicago Bears and longtime NFL coach-- joins Deserve to Win Ep. 37 to discuss what it takes to WIN at the highest level. Coach Rivera has recently returned to Cal Berkeley-- where he played linebacker during his incredible college football play days-- and is serving as the GM. He brings a mental and physical toughness and incredible experience and WISDOM that jumps right out at you during the interview. As Puja said when the interview ended "We really need Coach around here." I took that personally, but I still loved the interview. :) Coach Rivera walks through his incredible playing and coaching career and then we talk about the wonderful Cal Golden Bears football team. He acknowledges some challenges-- the new NIL world is tricky to navigate-- but given how POWERFUL California is as a state, the incredible beauty of the Berkeley Memorial Coliseum, and Cal's status as the number one public institution IN THE WORLD, it seems obvious to both of us we can turn this program into a MONSTER WINNER.  You definitely want to absorb every little nuance of this discussion. Probably one you'll want to watch twice.  Before we get there the INCREDIBLE team (Puja, Tori and Brit!) break down all of the BIGGEST developments in the TCPAWorld. First, we discuss Troutman Amin, LLP's MASSIVE win in Clark v. Spark Energy. Thanks to the incredible compliance efforts of Spark Energy, we were able to defeat certification of a major TCPA class action suit and you really need to hear about this one. Second, we discuss the latest on the FCC's big NPRM that may change the TCPAWorld completely! Third, we break down the incredible escape act in Mitchell v. Toyota of Dallas. This dealership looked dead in the water in a TCPA class action-- but they wiggled out of it based on re-consent issues! Fourth, we discuss the split of authority on whether SMS messages are covered by the TCPA's DNC rules. Big split. Very interesting and important issue. Fifth, we close off discussing another big TCPA class action victory for a defendant-- this time Circle K! The win in Aboud v. Circle K might be the biggest TCPA ruling of the year for retailers. It establishes a transactional EBR is created anytime a purchase is made with a retailer-- which really expands the ability of these companies to contact consumers! All right folks I hope you enjoy this! I know you will.  In the meantime, TIME IS RUNNING OUT!! Troutman Amin, LLP's rates rise January 1, 2026! Retain us now and save tens of thousands! (Like NOW though because I am going to be out of the office most of December!) Love you.#tcpa #law #learning #learn #free #fun #awesome #incredible #win #winning #marketing #advertising #deservetowin

Well, the latest edition of Deserve to Win is out and it is one of the biggest, juiciest episodes yet. The team breaks down several major developments including: A court refusing to enforce Safeway's arbitration provision (what does it mean for you?); A court confirming trolls can't sue you for calls they request; Another #biglaw #bigloss-- this time on the definition of "called party"; and That HUGE ruling holding SMS messages are not subject to DNC rules. Then we get to the MAJOR interview with Kimmel & Silverman frontman Jacob Ginsburg. Jake is a hardworking, quiet, behind-the-scenes type. He speaks slowly and deliberately but is incredibly honest and forthcoming about his approach to litigating TCPA suits. The guy has handled hundreds of these cases and continues to pursue TCPA suits that many other plaintiff's lawyers are not interested in. We also dive into the details of an INSANE single-plaintiff case that has been litigated for nearly five years. There's no end in sight for the case and Jake explains how he got himself into a very unprofitable mess. It all adds up to a major podcast experience and one that none of you will want to miss! Episode 36 of Deserve to Win Podcast- available right now! #podcast #fun #awesome #tcpa #sms #marketing #telemarketing #winning #growing #law #lawsuits #classactions #class #suits #deservetowin #lookforthelion

The one and only Wolf of the TCPA-- Anthony Paronich has rejoined the TCPAWorld crew to talk TCPA, #biglaw, McKesson and so much more. Paronich is one of the best known and most feared Plaintiff's lawyers in the country. His TCPA skills are unmatched and as the Czar describes him, the wolf has "God-tier situational awareness" that makes him nearly impossible to defeat in class litigation. Amongst the secrets to his success is a complete lack of pride and ego when it comes to his litigation portfolio. If a case is weak--or when his opponent is powerful-- he may step back and let it go. But when he "green flags" a case there is no stopping his. Yes, the Wolf feasts like no other and he is always looking for an easy kill. How do you avoid falling prey? Well WATCH THIS EPISODE because Paronich lays out exactly what he's looking for-- the formula that will take a regular TCPA class action into one he will take all the way for an eight figure class recovery! The Wolf does not hold back on the TCPA, his evaluation of cases, and his thoughts on #biglaw and whether they should even be playing in the "deep waters" of TCPAWorld. Before we get to the big interview we cover several critical topics, including: 1. That MASSIVE FCC Consent Order penalizing Assurance IQ and Media Alpha $140MM. 2. The case of Isaacs v. USHealth Advisors, LLC, No. 3:24-CV-00216-LMM, 2025 WL 2268359 (N.D. Ga. Aug. 7, 2025) holding cellular phones can be "residential" for DNC purposes; 3. The CPPA's crazy effort to force Tractor Supply Co. to produce records related to conduct that pre-dates the statute (crazy)!; 4. The twin rulings of Jones, et al. v. Blackstone, 2025 WL 2042764 (C.D. Ill. July 21, 2025) and Wilson v. Skopos 2025 WL 2029274 (D. Or. July 21, 2025) going in different directions on the same issue! and 5. The incredible ruling in Jones v. Safr Technologies 2025 WL 2256659 (D. Mass. Aug. 7, 2025) holding "calls" do not include text messages! Wild and important topics each. Be sure to tune in! This is our most packed (and longest) stacked, beefy podcast ever!

Two stunning #FTC consent decrees against Assurance IQ and Media Alpha. These two companies—represented by #biglaw firms that obviously don’t know how the industry works—just agreed to pay $145 million in combined penalties AND agreed to consent orders that give away control over large amounts of their business operations, accepting unnecessary standards and oversight that will damage operations for years to come. Unfortunately, there is going to be backlash on the entire industry now. Some of the provisions of the orders will impact third-party partners, requiring massive shifts in how consent is gathered, and data sets are shared. There is no question this is just the beginning. While the FCC tried (and failed) to change the industry with one-to-one consent, the FTC looks to be here to finish the job leveraging the TSR. (If you aren’t looking for the safety of R.E.A.C.H. right now you really don’t get it…) In this video industry’s most trusted attorneys—”Queenie” Puja J. Amin and the “Czar” Eric J. Troutman— break down these incredibly important developments and what it means for the industry as a whole in a new FREE (for 500 people) webinar this Thursday. Find out: What did Assurance and Media Alpha actually do wrong? Why did they reach a stunning $145MM in monetary penalties? Why did the FTC target these companies– and who might be next? What STUNNING non-monetary terms these companies agreed to; and How YOUR company might be impacted. Its going to be a hell of a webinar and one lead generators simply cannot afford to miss. And, of course, it all leads up to the big show- -Contact.io– where the Troutman Amin, LLP stage will be BACK and the Czar will be providing a critical breakdown on everything you need to know on the TCPA right now! #ftc #fraud #advertising #marketing #deservetowin

You will not believe all of the behind-the-scenes incredible surprises, antics and triumphs surrounding this year's Law Conference of Champions. The show was absolutely incredible but there were so many unexpected moments and little nuances that most folks missed. So, the team got together and walked through the entire show for those who missed it! We discuss the months of planning, the hundreds of hours of work leading up to the show, the challenge of execution and the MONSTER performances that left us stunned and amazed. Whether you attended this year's show or not you absolutely cannot miss this incredible (fun!) breakdown through the eyes of the people who put it on. Chat soon! lawconferenceofchampions.com troutmanamin.com

Well, it has been a while, but the team is back with the 33rd episode of Deserve to Win and it was a fantastic episode. The team breaks down several major TCPAWorld developments before connecting with TCPA plaintiff's attorney Chris Gold to talk about why he opened his own firm, this strategy for pursuing TCPA cases and what he thinks the future may hold. We talk about the huge TCPA class action filed by Nomorobo over calls to a honeypot; We talk about the massive new change to CIPA that might destroy these cases in the future; We talk through the new court ruling holding offers to buy houses are not solicitations; and The new standard for when a court will find a defendant lacks a required DNC policy. Indeed, Queenie explains why a new CHANGE in your DNC policy is likely required to follow the rules. It all makes for an incredible episode and one you CANNOT miss!

Deserve to Win is back with its 32nd episode, and there's a ton going on.   First, the Czar introduces a new team member-- Maxwell Levins--who is absolutely killing it even though he is only a young attorney. Then the team breaks down numerous developments, including: 1. The huge increase in TCPA cases; 2. The new POWER RANKINGS of top TCPA defense lawyers; 3. The disastrous settlement by Honda of a claim under California's privacy statute; 4. The effort by 28 state AGs to undo IMC's win on FCC one-to-one; 5. A big win for defendants protecting the attorney-client privilege; and 6. Capital One is caught up in something messy...   Then we get to the big interview.   George Baseluos is a great Troutman Amin, LLP client who wanted to come on the show and talk about what a great experience he has had with the firm. We didn't pay him a dime to do this. He has just been so pleased with our services he wanted to tell everyone about. We talked about three of his big recent wins, including the time Queenie got a TCPA litigator to drop a case and walk away at the end of a deposition.   Incredible stuff.   Small business owners in particular, will appreciate this one as George explains why he has taken on the expense of fighting these frivolous lawsuits-- he is doing it to protect himself but also to protect other small businesses out there who are victimized by similar lawsuits but who may not have the ability to fight for themselves. George really is a standup guy and runs an incredible business that continues to grow because he does things the right way. And that really is the lesson here-- act compliantly, and you can still enjoy tremendous success!   Indeed, that's how you Deserve to Win! #podcast #ceo #deservetowin #tcpa #ccpa #tsr #sms #marketing #smallbusiness

We have had some INCREDIBLE episodes of Deserve to Win so far, but without question our 31st edition blows them all away. PhoneBurner CEO Chris Sorensen joins the podcast and bravely discusses the MONSTROUS mistake made by the FCC that nearly destroyed his business. In this never-before-told story directly from Sorensen you will learn how the FCC shutdown order--which was supposed to be limited to a single caller--resulted in ever carrier in the country shutting down PhoneBurner and its THOUSANDS of customers for nearly a week. Absolutely insane. And to hear from Chris about his efforts to restore the platform and save his--and thousands of other businesses--reliant on carriers connecting his calls it becomes that much more apparent why the FCC must act AND QUICKLY on the critical R.E.A.C.H. petition designed to assure ease of telecom transmission and return sanity to telecommunications. It is an incredible story and one everybody in TCPAWorld should pause to hear. Before we get there, of course, we break down a bunch of huge TCPAWorld news including: 1. The launch of Czar Gold cryptocurrency!; 2. The LCOC III announcement; 3. A deeper discussion of the R.E.A.C.H. petition; 4. A story of a fax case that has massive TCPA dimensions; 5. The change in judicial philosophy making it harder for Plaintiff's to bring prerecorded call litigation; and 6. The big difference between two TCPA provisions that make policies so important. We KNOW you will love this episode as it was absolutely incredible to hear from Chris and the whole team really delivered stellar performances from beginning to end. Love you all! Enjoy. #podcast #fun #brilliant #real #story #fcc #telecom #carriers #wireless #sms #phones #smallbusiness #deservetowin

So last Friday was the biggest day in TCPAWorld history so far with the massive one-two punch of the FCC staying the new TCPA one-to-one rule literally just minutes before the Eleventh Circuit Court of Appeals vacated the ruling altogether.  All of this minutes before the close of business the business night before the rule was set to go into effect today! My goodness. It was high drama throughout the night, however, with the CEO of a publicly traded company then specifically questioning REACH's efforts in his own ill-advised attempt to take credit for the rulings. Just magnificent stuff. TCPAWorld readership has been off the charts all weekend, and now you can enjoy Troutman Amin, LLP's official analysis and reactions to all of these developments and--most importantly--its breakdown of the decision in IMC v. FCC and what happens next.   Watch the podcast now to hear the Czar, Queenie and the Countess discuss:   The lead up to the ruling and the last-minute efforts to stay the case; The incredible last-minute stay issued by the FCC; Lending Tree's insane effort to take credit for the stay and claim of a supposed secret deal; and most importantly The ruling of the Eleventh Circuit Court of Appeals striking down one-to-one consent: What does this mean for lead generation? What was the basis for the court's ruling? What happens next for compliance efforts?   This really is the most important podcast episode we have put out and it is yours FREE to watch (and re-watch) RIGHT NOW!!!:

Well the entire Troutman Amin, LLP team got together in Birmingham, Alabama in December, 2024 for the firm's famous annual retreat and holiday party!!!! And the first thing the Czar an co. did when they landed was got together and recorded a wonderful podcast episode for everyone! Its a wonderful feel-good podcast focused on the incredible year Troutman Amin, LLP had and introducing a bunch of new faces to the team! Viewers get to meet new attorneys Steven, Blake and Kayla for the first time and are also greeted by all their long time faves in this special-edition podcast co-hosted by the incredible Countess-- Jenniffer Cabrera! Per usual the team also breaks down several critical developments, including new CIPA, TCPA and data broker registration requirements! The team also signs off with special thoughts for the new year and with expressions of warm gratitude and LOVE for all of our clients, friends and supporters. It all adds up to being the most special episode of Deserve to Win ever-- and one that really highlights the spirit and culture of the GREATEST LAW FIRM ON EARTH-- Troutman Amin, LLP!

Well you didn't think we'd let you go into the holidays without a fresh and wonderful Deserve to Win podcast episode to enjoy did you? In our 28th edition of the podcast we sit down with TCPA plaintiff's lawyer Mark Javitch as he explains why he focuses his practice on only going after real scumbags. In fact although he has been litigating for about 5 years in the space we have only run across him a couple of times because, unlike many plaintiff's lawyers, he isn't just chasing dollars-- he is chasing bad guys. Javitch is the guy behind that incredible ruling looking to lock up a dialing platform operator for refusing to produce records in response to a subpoena-- very aggressive. But it was interesting to catch up with the guy more broadly. Queenie knows Javitch well because she cleaned his clock and earned a dismissal of a TCPA suit he brought not long ago. The ruling stood out in marked contrast to the LOSSES suffered by other TCPA defendants in similar cases recently. To Javitch's credit he conceded Puja had crushed him and was good natured about the case--bringing it up himself to draw the sting. Was also very interesting to hear his thoughts about the election and the new one-to-one rule (likely) going into effect in January. You definitely won't want to miss the interview. Before we get there, however, we breakdown a few big developments: First, what is going on with these bad rulings? Humana and Millennia Tax relief were just hit with terrible (and very short) rulings that leave one wondering if courts are really paying attention to TCPA cases right now. Second, Domino's Pizza is allegedly using AI technology to field inbound calls without consent of the consumer. The problem? Allegedly Conversenow--the vendor providing the AI platform-- is apparently able to listen in/receive information about the call in real time. IF this is true it is a massive problem under CIPA and might lead to huge damages ($5k a website visit!) The Dame explains. Third, DoorDash is sued in ANOTHER big TCPA suit alleging over 500 prerecorded calls sent to a consumer without consent. Eesh. But is there any truth to the allegations? The Czar discusses with Tammana. Fourth-- the big one-- Dawson v. Porch. Three corporate officers of Porch are sued for millions (billions?) in a TCPA suit involving over 100 plaintiffs who allegedly received b2b messages. The stinging threat of personal TCPA liability cannot be emphasized enough!! Its a huge podcast and a great one to relax to and pass those long winter nights with a bit of egg nog! Chat soon everyone. #podcast #fun #law #legal #tcpa #troutman #telecom #cipa #ai #deservetowin

Well we took a long break between episodes as the Czar and Queenie were on a national speaking tour all throughout the summer. But we're back and have an absolutely packed episode that cannot be missed. Yes, we talk Trump and the election, the one-to-one, and the revocation ruling and AI and really everything you could possibly want to know about the TCPA in a 1 hour format. Just critical stuff. But you come for the news but you can't miss the interview. Alex Kruzyk is the latest MONSTER TCPA litigator on the plaintiffs' side and he joins us to discuss his new practice. Alex grew up under Greenwald-- the ultimate TCPA monster--and he is already showing off with TCPA settlements under his belt. The guy is laser focused on suing real estate purchasers/investors-- guys that cold call people asking if they want to sell their house. Alex is convinced this qualifies as telephone solicitation-- he's wrong, but the courts keep agreeing with him. Plus wait until you hear about his view on the new one-to-one rule-- my goodness. Anyway definitely an interview you can't miss. Brittany even characterized it as "fine," which means it was really good. hahahahaha Love ya'll chat soon.

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.

The Deserve to Win crew is back with a monster 25th episode. Repeat-litgator turned Plaintiff’s lawyer Andrew Perrong becomes the first person EVER to be invited back to the podcast. He earned his return trip with two huge rulings—one a big win and one a big loss. In Bradford Perrong earned a win that may mean government employees are directly liable under the TCPA for the first time ever. And in Perrong—his namesake case—he lost a massive ATDS ruling at the Third Circuit Court of Appeals. We poke and prod on both cases—and also get to the bottom of his new 90’s boy band hairstyle. Before we get to the interview though there is a ton to cover. First, the Czar breaks down the new Pinto v. Drazen 11th Circuit COA ruling that could change everything we know about TCPA class action settlements. Then the Baroness breaks down a new ruling with a different repeat-litigator—Thane Charman. The Dame gets into the mix with a breakdown of new AI regulations popping up across the nation. And Queenie takes us home with a great discussion of the new lawsuit against Twilio claiming it is responsible for untold quantities of unwanted spam messages. It’s a simply incredible episode and one you can’t afford to miss!!  

Just a couple of weeks ago we had decided to be the bigger people and move on following Mobile Ecosystem Forum's ridiculous--and likely sexist--conduct directed at Puja. Protests had broken out and MEF scrambled to announce the addition of new (lady) board members and a new chairman seemingly in direct response to the outcry. But then the new Chairman Robert Gerstmann, Chief Evangelist & Co-Founder at Sinch, sent around an email to MEF's members disclaiming any connection and suggesting Puja was a liar. Absolutely stunning. Terrible crisis management. Interestingly, we had recorded this 24th episode of Deserve to Win the day before the protests and after MEF looked like it had cleaned up its act we were going to record a new episode. Indeed we were set to record the day before Robert's email was sent around. But since MEF has demonstrated a COMPLETE COMMITMENT to standing behind Dario Betti's DISGUTING behavior it is clear to me the organization is rotted beyond repair. MEF's smiling male male board members will grace the cover of a very special Deserve to Win magazine Woman's History Month Edition-- expected to hit mailboxes this month--but before that happens we air this special edition of Deserve to Win podcast in which we discuss the background and weigh in on MEF's BLATANT sexism. Again this was all recorded BEFORE Robert doubled down on it in such stunning fashion. The issue is so big we bring in Phonexa CEO Lilt Davtyan to help us break this down--and her discussion about the need for HUMILITY is really very important for Robert and the rest of the arrogant gang over at MEF to understand. I suspect they have a nice big pile of Humble Pie headed their direction. Two guys who DO NOT need humble pie, however, are Tom Cunningham and Mike McMorrow of Locke Lord. These two incredibly talented litigators join the show to discuss their massive Section 230 win against the FTC on behalf of Stratics Network. The win allows carriers and platforms that do not dictate the content of messages but merely allow users to send messages to phone numbers to avoid liability as a interactive computer systems who are protected from liability by the "law that built the internet." MASSIVE win that might re-set the clock on recent rulings and regulations purporting to hold carriers and platforms liable for the potentially illegal acts of their users. This is the first time Deserve to Win has featured defense-side lawyers from another law firm but given how big this win was we had to bring them on. Enjoy! #tcpa #tsr #sexism #women #womeshistory #menbehavingbadly #230 #section230 #communications #telecom #fun #deservetowin

So Mobile Ecosystem Forum (MEF) kicked Puja off a panel recently and nobody really knows why. Following some protests at their event, President Dario Betti claimed Puja was unavailable to attend the conference--but that's just flat untrue. Without question the organization has a clear history of underrepresenting women in position of leadership and on panels and webinars, so outright sexism may be the culprit. But there is another option as well. The day before Puja was kicked off the panel the Czar had spoken regarding MEF member The Campaign Registry and its foreign ties. All domestic companies and politicians that want access to the American text message ecosystem need to register their campaigns with TCR--which gives them an opportunity to censor speech and assign "trust scores" limiting throughput for campaigns deemed less trustworthy. This is all scary enough but when you layer in the foreign ownership it does raise some serious questions. Was the Czar's coverage of the issue what lead to Puja's outing? Or was International Board President Dari Betti up to something else? The TCPAWorld team breaks it down. Plus you'll hear from Acquisition COO Johnny Tarone who has some very serious concerns about TCR and its alleged behavior targeting others that spoke up against it. All of this PLUS coverage of the CFPB's new rules and two important TCPA decisions. You cannot miss this jam-packed episode.

So the FCC took the marketing and outreach world by storm this month by ruling AI voice channel communications are regulated by the TCPA. While many publications breathlessly announced that AI generative voice calling was made wholly illegal, that is not close to true. But it is true that AI voice service providers are now subject to broader and clearer regulations than ever before. In our incredible 22nd Edition of the Deserve to Win podcast we sit down with TWO absolute TITANS of generative AI voice-- Brian Podolak of Vocodia and Brandon Bowsky of Minerva Marketing. Brian and Brandon break down the impact of the new rule and how their companies expect to fare in light of the new ruling. You will NOT want to miss their insights as they help explain what the new and far-reaching rule does--and doesn't--mean for businesses hoping to leverage generative AI in their B2B and B2C outreach efforts. Before we get there, however, the TCPAWorld team breaks down the FCC ruling in glorious detail and explains why they were not surprised by the ruling. The team also breaks down a massive new California appellate court decision that is set to release the regulators to enforce broad consumer privacy statutes. And in a spot of good news, the Baroness addresses an awesome new case casting doubt on the idea that employees of companies can be sued personally for TCPA violations after all. Its all right here, in this TOTALLY FREE and epic 22nd episode of Deserve to Win. Enjoy!!! #fcc #ai #aivoice #generativeai #chatgpt #regulation #government #ftc #marketing #ccpa #california #law #legal #podcast #fun #truth #beauty #telecomlaw #deservetowin  

Most amazing episode of Deserve to Win yet! Power Slap's ultimate hard hitter Damien Dibbell joins the Czar and Troutman Amin, LLP team to discuss what it truly takes to be come a champion! We talk through what its like to take a massive HIT and come back and deliver when the stakes are the highest. This guy is already a tremendous CHAMPION and is going to make an incredible attorney. Before we get to the interview we break down new developments on the FCC's one-to-one rule, the NEW public notice proceeding on the rule's impact on small business, a recent ruling holding cell phones are not residential lines and new Utah consumer privacy law and big TCPA/telecom developments. you can't miss this! #tcpa #law #legal #podcast #powerslap #deservetowin

So the FCC's big lead generator loophole TCPA ruling just passed in December, 2023 and the TCPAWorld.com team gets together for the FIRST TIME to discuss it. We break down all the third party and first party issues associated with the ruling and also are joined by a few SPECIAL GUESTS. Really a ton of fun in a laid back episode of Deserve to Win, but critically important also for anyone impacted by the new ruling! #fcc #tcpa #marketing #leadgen #leadgeneration #affiliatemarketing #smallbusiness #sms #leads #affiliate #deservetowin  

Well Deserve to Win Ep. 19 is out now, and its our biggest one yet. Repeat litigator Andrew Perrong has made a name for himself as being on the most vicious pro pers out there. He does not hesitate to push cases and opponents to the brink--and has been called out by judges for his tough tactics. But now Perrong is a lawyer and has promised to bring a large volume of TCPA suits. And the filings have already begun--with recent class actions joining with the Wolf! In my interview with Perrong I confront him on his previous misdeeds and push him on whether he intends to straighten up and fly right. I also ask him why he thinks he gets under people's skin--and you can see the delight on his face, even as he dismisses the premise. This is an interesting character. In the interview he admits to being "friends" with Shelton--another tough litigator who has had his own share of troubles before the courts. Regardless you have got to watch this entire interview--it is really something. Before we get there though we break down a bunch of critical new developments, including the Supreme Court possible reviewing ATDS cases, the DEATH of PACE, and that new HUGE ruling that MMS messages are not prerecorded voice calls. You CANNOT miss this.  Watch now! #tcpa #atds #robocalls #lawyer #law #new #fun #turkey #thanksgiving #legal #podcast #win #winning #fcc #atds #supremecourt #scotus #smallbusiness #leadgen #deservetowin

So this is DEFINITELY the biggest episode of Deserve to Win yet. One of the biggest stories in TCPAWorld history was the tale of Navient's RICO suit against TCPA attorney Jeff Lohman. The story went roughly like this. According to Navient--one of the nation's largest student loan debt collectors--Jeff would work with other lawyers to find clients who had stopped paying their debt to Navient in a bid to get their student loans reduced. He would then counsel those clients to set up TCPA lawsuits by using certain vague phrases to ask for calls to stop. He would then sue Navient when the calls didn't stop and leverage those lawsuits to obtain debt relief. Navient viewed this as a RICO issue-- they were being strong armed into waiving debt for no real reason. And the jury seemed to agree with Navient--awarding over $1MM against Lohman in a case that seemed to really swing the pendulum against those suspected of setting up lawsuits. But there was a problem-- despite Lohman's alleged conduct in encouraging the lawsuits, it was Navient that had actually violated the law. And while the company might have felt unfairly targeted, it still had the last clear chance to avoid harm--it could have simply followed the law and listened to its customers. So the Court eventually threw out the judgment against Lohman--albeit two years later. In the meantime Lohman had shut down his practice and opened a ping pong bar. (Seriously.)  When he got the news that he had won his case after all he reached out to the Czar and leapt to join the Deserve to Win podcast to tell his story. And WHAT a story. Lohman was dragged all the way to a jury trial by a company that was eventually found to have not been following the law--and yet it was Lohman that undoubtedly suffered the consequences. Absolutely fascinating stuff. You will not want to miss this interview. Before we get there though we break down some of the biggest stories in TCPAWorld, including:   Macy's winning a case claiming it took too long to process a revocation; A CEO escaping individual liability to Katz on personal jurisdiction grounds; Two guys who weren't so lucky and DO now owe over half a million dollars personally in a TCPA suit; More on the ongoing saga over OpenAI's legal woes. Really a great episode and I think you'll love it. Check it out now"  

In this latest episode of the insanely popular Deserve to Win podcast the TCPAWorld team talks with a guy who invented AI to waste robocaller's time. Plus they break down all the other big TCPA news! #tcpa #ai #privacy #statelaw #robocalls #fun #podcast #law #legal #learn #grown #fight #win #deservetowin  

Well folks, the incredible TCPAWorld.com crew is back with its latest (and biggest) episode of Deserve to Win yet! This episode we sit down with industry legend Alex Quilici, the founder of the incredible Robocall Index. Everybody uses the Robocall Index to track robocalls—indeed, it has become the source of truth for anyone interested in learning about the volume of calls month over month. But the fascinating thing is that robocalls are DOWN by over a billion a month recently! You will all remember that Responsible Enterprises Against Consumer Harassment (R.E.A.C.H.) set out to stop up to a billion unwanted calls a month by setting standards for the runaway lead generation industry and also SPREADING INFORMATION about the laws and regulations out there. Obviously, Troutman Amin, LLP has been leading the charge to protect good actors and help educate the wayward, but have their efforts really stopped so many calls so quickly? Probably. 😊 You won’t want to miss Alex’s take on the phenomenon. Additionally, we discuss the MASSIVE PROBLEM of inaccurate call labeling. The carriers are sickeningly inaccurate with their call labeling and then have the gall—through their partners—to charge businesses to white label and band their caller IDs so they don’t get mislabeled. THEY are causing the problem and then turning around and CHARGING for the solution. Just disgusting. And Alex doesn’t hold back on this issue at all. Really impressive take. He pushes hard on folks. Before we get there, we also break down all the BIGGEST developments in TCPAWorld. We take a look at big new appellate Court cases out of the Eleventh, Seventh and Ninth Circuit Cout of Appeals, and also discuss the FTC’s CRAZY new position on consent. You can’t miss it!

In an amazing 14th Episode of Deserve to Win the TCPAWorld team sits down with the Godfather of TCPA class actions—Abbas Kazerounian—in a wide-ranging interview touching TCPA, CIPA, Ai in the practice of law and even cryo baths. Abbas has one of the most successful plaintiff’s side practices in the nation and files a huge volume of cases with 25 lawyers backing him up. It is critical for industry to hear his insights to understand the future of consumer litigation. And he is absolutely brilliant in articulating the future of California Invasion of Privacy Act and Data Breach cases. Before we get to the interview the full team—including the new Viceory—break down myriad TCPAWorld developments including the new FTSA amendments, the CCPA/CRPA delay in California, AI litigation, and, of course, new TCPA and CIPA decisions. It is an amazing IN STUDIO action brought to you by the team that knows privacy litigation best- Troutman Amin, LLP. #tcpa #cipa #fcc #ftsa #ftc #ai #privacy #dataprivacy #privacylitigation #consumerprivacy #iapp #fun #deservetowin

The TCPAWorld crew move to their new office and have their first INCREDIBLE interview with Frank Kearny III and Tav Gomez of the Consumer Lawyers. Cover #TCPA #minitcpa #fcra #cipa and tons of other incredible topics. You cannot miss this episode!

The TCPAWorld crew is back for its twelfth edition of the popular VIDEO podcast-- Deserve to Win. This episode is absolutely stacked--and tons of fun. First, the Czar breaks down the upcoming FCC NPRM in a fast-take session that really explains why the lead generation world might be crumbling down around us. Can R.E.A.C.H. save the day? Second, the Dame breaks down a big ATDS ruling out of Florida--can your privacy policy be used against you? Third, Queenie breaks down the new CMS guidelines for 2024--and the critical change of heart around TPMO restrictions that CMS left on the cutting room floor thanks (mostly?) to R.E.A.C.H. advocacy! Fourth, the Duchess teaches us everything we need to know about the HUGE changes going on at the state level in TCPAWorld. We talk Florida, Washington, Iowa and more! Fifth, our new law clerk Jessica Trinh reminds us of the importance of "showing up" and discusses a massive multi-million dollar default arising out of a TCPA defendants failure to respond to a complaint in court. And all of this happens BEFORE our tremendous interview! Omar Khouri was tired of being called by telemarketers during COVID. So he took up as a litigator and began suing companies allegedly calling him without consent. A few dozens demand letters later the guy had made over $100k in settlements. He took that money and bought a bar with it, naming it the "wrong number." To go along with the robocall theme he named bars at the drink favorites like "the auto warranty" and the "student loan." He also went so far as to name a drink after everyone's favorite telecom lawyers-- the Czar and Queenie! The TCPAWorld crews loves what Omar has created and is HIGHLY supportive of his new venture. Expect lots of Troutman Amin, LLP swag to land in his lap shortly and we encourage everyone to head down to 408 W 4th St, Winston-Salem, NC 27101 and check it out!

Deserve to Win's HUGE 11th episode brings the story of Richardson Marketing Group-- a "Best Places to Work in Ohio" honoree that lost two-thirds of its employees following a TCPA lawsuit. Once an up and coming performance marketing company, the business was placed on life support when it became tangled up with a TCPA class action against Allstate. Deryck Richardson--the owner of the company--joins Deserve to Win to discuss the crushing impact of the lawsuit and the gut wrenching decision he faced to either shut down the business or layoff employees after Allstate put him on a "black list." He explains how he felt "bullied" into laying off his employees... Before we get there though, the TCPAWorld team breaks down several CRITICAL developments. First, the Czar breaks down the FCC's new NPRM and its MASSIVE potential impact on the TCPAWorld. Second, the Duchess breaks down a big win for American Express in enforcing an arbitration provision and avoiding a TCPA class action. Third, the Dame breaks down her MASSIVE WIN ruling holding calls offering to BUY property are not solicitations under the TCPA's DNC rules--even when those calls are used as part of a lead generation process. You'll want to hear this one. Plus, Queenie covers the shakeup at the FCC with Gigi Sohn withdrawing from the nomination process to be the 5th FCC commissioner and the Wizard breaks down yet ANOTHER new state potential state mini-TCPA--a new Georgia bill that would authorize class action litigation against sellers that use third-party telemarketers to sell goods or services. Its all here in a PACKED 11th epiode!

Well our amazing tenth episode of Deserve to Win is out now and we somehow managed to outdo ourselves again. We jammed so many critical TCPA stories into one episode its almost a shame to have wasted all the good stories at once. Its an episode full of high calorie content that will have you so full you'll be struggling to breathe afterward. Really incredibly important stuff you simply cannot miss. On the podcast, we cover: Phone Burner's catastrophic semi-shutdown by the FCC; The MASSIVE new CFPB ruling that threatens to cripple the lead generation industry and direct-to-consumer mortgage lenders; A massive new CIPA case crippling users of internet Chatbox plugins; Repeat-litigator Mark Dobronski's failed effort to obtain default judgment in a TCPA case ANOTHER new state Mini-TCPA bill--this one out in Maryland--that you really need to be aware of; The new proposed TCPA amendment that would add jail time to the statute! PLUS we break down that infosec DISASTER over at #bigfirm Troutman Pepper--NOT AFFILIATED WITH TROUTMAN FIRM--DO NOT GET CONFUSED. TP was apparently hit by a massive cyberattack and we discuss the ramifications for client privacy when something CRAZY like this happens to #biglaw (which seems to be occurring with increasing frequency.) THEN we get to our interview with our amazing guest.  Joe Delfgauw is a small business owner who has been sued by repeat-litigator Nathan Barton. Delfgauw has been named personally in a lawsuit--which he has been fighting tooth and nail. According to Delfgauw, Barton wants him to "write a check like everybody else" but Delfgauw won't. He says he's willing to fight Barton all the way to trial-- "I'd rather pay my lawyers $50k than pay Barton $5k" he tells us. Joe's story really is amazing. While guys like Barton are made into folk heroes by NPR, people like Joe are the ones TCPAWorld wants to highlight. There are real people impacted by these lawsuits. Their reputations and their businesses and threatened. And many times, for no good reason. Watch the interview below and you can come to your own conclusions. Enjoy!

A special edition of Deserve to Win, the 9th Episode is recorded live in Paradise Valley, AZ at the Troutman Firm retreat the day after the firm's epic Holiday Party. The team shares their views on the retreat and the year of success the firm enjoyed, before pivoting to breaking down recent important TCPAWorld developments, including the Ninth Circuit's huge ATDS ruling in Borden, the REMARKABLE settlement in the Highmark TCPA suit, an important discovery ruling that limited class discovery, and the FCC's recent MURDER of a carrier based upon disclosures that were determined to be inadequate due to multi-vertical consent issues--with no warning to the industry.

So what is the reassigned numbers database and how can it help folks avoid TCPA suits? In our 8th episode of the INCREDIBLE Deserve to Win podcast the team sits down with Beth Sprague, the director of the reassigned numbers database, so talk about the importance of the database and how it can help people avoid TCPA liability. The RND is an OFFICIAL government database, the official use of which affords a safeharbor to callers. The TCPA poses a MASSIVE and UNFAIR risk on callers who inadvertently call the wrong number. When a customer provides a number the caller can only rely on that number so long as the customer keeps it. If the customer changes numbers without telling the business the business might be liable for wrong number calls that follow. More importantly, clever lawyers--like Mike Greenwald--can then sue the business in a class action and seek billions in damages for an INNOCENT mistake. While that is awful, the RND allows callers to avoid the risks posed by wrong number calling--and prevent calling the new owners of phones. Before we get to the interview we break down all the most recent TCPA news--including the FCC's decision to regulate RVM technology, and HUGE recent rulings out of the Ninth Circuit. If the TCPA is important to you than you MUST watch this latest episode!  

Well here is the FULL EPISODE you have been waiting for. The creator of LawHQ--Thomas Alvord--is nown in TCPA circles as "Dr. Evil." He is an attorney who has used his incredible skills with digital marketing and technology to build the ultimate anti-robocall app, one that instantly reports spam calls to his law firm--which then investigates the caller, files suit and splits all proceeds with the called party 50/50. It is, apparently, just that simple. But can lawsuits really be commoditized this way? And how aggressive can the lawyers at LawHQ be given the massive volume of claims this app seems to be producing? That said, LawHQ already has a MASSIVE win in the way of Chenette v. Porch when it beat a well-respected law firm (not Troutman Firm, of course) on an appeal to the Ninth Circuit Court of Appeals. You won't want to miss the Czar diving into the incredible background here.

Plaintiff's lawyer Josh Swigart was one of the original TCPA class action filers and an early pioneer in TCPA litigation on the Plaintiff's side. He has now moved on to focus primarily on WIRETAPPING laws that prevent the recording and use of consumer data transmitted during internet web sessions. In this GREAT interview, the Czar and Josh chuckle about the good old days and discuss the history of important TCPA rulings like Marks v. Crunch, and Duguid v. Facebook. But then they look to the future and discuss the incredibly dangerous California Invasion of Privacy Act and other state law wiretapping acts. Before the interview, Puja Amin (Queenie), PJ (Wizard), Brittany Andres (Baroness) Tori Guidy (Dame) and the Czar break down the world of CIPA and state wiretap laws. At $5,000.00 PER VIOLATION these laws can trigger massive exposure--perhaps entering into the TRILLIONS OF DOLLARS in liability. Really wild stuff.

Mike Greenwald is rated as the NUMBER ONE threat in the TCPAWorld. he has brought more successful TCPA wrong number class actions than any other human being. And TCPA Wrong number class actions are the single biggest danger facing direct-to-consumer marketers and other high-volume callers (collectors/servicers.) In this INCREDIBLE one hour video podcast episode the TCPAWorld team (the Czar--Eric J. Troutman and co.) break down important TCPA developments (DNC policy cases, Callier repeat-player cases, Coldwell banker TCPA suit, and many others) before spending 40 minutes chatting with Greenwald about his practice, his origin story, and his remarkable run as the most dangerous TCPA plaintiff's lawyer alive.

Another INCREDIBLE episode of Deserve to Win. Plaintiff's lawyer--and TCPA specialist--Adrian Bacon sits down with the Czar to discuss a wide range of TCPA and telecom related topics. The crew discusses the Baroness' huge win in Bacarri, along with the new Michigan state prosed mini-TCPA, the Wizard's TAKE DOWN of a robo king scumbag, the entire history of ATDS decisions--and what Adrian says Facebook really means--as well as a critical discussion of manufactured leads and the R.E.A.C.H. trade organization everyone is BEGGING for.

This is the one you've been waiting for. The Czar goes toe to toe with the Boogey Man himself--Jay Edelson. They talk privacy litigation, Dobbs, and Javier. PLUS you'll get the entire team's take on Dobbs--the Troutman Firm isn't shying away from this disastrous ruling--and the TCPAWorld crew brainstorms solutions to the Ninth Circuit's ruling that Active Prospect is wiretapping.

In this HUGE Second Episode of the Deserve to Win Podcast the Czar and the entire TCPAWorld team (Queenie, Baroness, and Wizard) break down all the recent ATDS rulings post Facebook. We cover the Third-Circuit's Panzarella ruling at length. Then TCPAWorld's Innovator of the Year Dan Greenwell joins to discuss how he created Safe Select and the entire Human Selection industry. This guy is one proud papa. "Safe Select is where we put our heart and soul..." You won't want to miss this CRITICAL TCPA ATDS discussion.

In this INCREDIBLE First Episode of the Deserve to Win [Video] Podcast the Czar and the entire TCPAWorld team (Queenie, Baroness and Wizard) break down HUGE TCPA news (Berman v. Freedom Financial, FTC NPRM on recordkeeping, Mantha v. QuoteWizard) before speaking with the Wolf of the TCPA--Anthony Paronich. CAN'T MISS.