Deserve to Win

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.