Deserve to Win

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!