Deserve to Win

Deserve to Win (EP. 32) Alleviate Tax CEO George Baseluos on WINNING w/ Troutman Amin!

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

DESERVE TO WIN (EP. 31)： w⧸ PhoneBurner CEO on the ACCIDENTAL FCC shutdown that KILLED

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

DESERVE TO WIN (EP. 30)：BIGGEST DAY IN TCPAWORLD HISTORY-- 1_1 STAYED_STRUCK DOWN

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!!!:

DESERVE TO WIN (EP. 29)：The INCREDIBLE Holiday Podcast (White Silk Pajamas_____)

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!

DESERVE TO WIN (EP. 28)：with Mark Javitch, Cal, CIPA, Dominos, AI, and bad TCPA Rulings

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

DESERVE TO WIN (EP. 27)：with _Baby Shark_ TCPA Class Lawyer Alex Kruzyk and BIG NEWS!!!

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.

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

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.

DESERVE TO WIN (EP. 25)：Andrew Perrong Returning to Talk TCPA, ATDS and Frosted Tips

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!!
 

DESERVE TO WIN (EP. 24)： MEF Sexism and Locke Lord Duo Wins Big Section 230 Case

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

DESERVE TO WIN (EP. 23)： Campaign Registry a threat to national security？ MEF Sexist?

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.