10 episodes

We’ll break all the Telephone Consumer Protection Act news–usually before anyone else does–with witty and informative articles that break the mold of stuffy law firm analysis.

SPB’s Unprecedented Podcast TCPA World

    • Business
    • 5.0, 1 Rating

We’ll break all the Telephone Consumer Protection Act news–usually before anyone else does–with witty and informative articles that break the mold of stuffy law firm analysis.

    Unprecedented - Episode 11

    Unprecedented - Episode 11

    • 44 min
    Episode 9:  VoApps  Founder/Inventor David King Joins Us To Discuss Why Direct Drop Voicemail Is not Subject to the TCPA

    Episode 9:  VoApps  Founder/Inventor David King Joins Us To Discuss Why Direct Drop Voicemail Is not Subject to the TCPA

    Another AMAZING episode, this one featuring a true American innovator-- David King, the inventor of VoApps ringless voicemail technology. David joins us to discuss VoApps' technology and its recent efforts to assist Defendants sued in TCPA suits. Its a strong move by VoApps considering that litigation surrounding the TCPA propriety of its technology is ongoing.
     
    Before the interview we break down the biggest TCPA news from the last week, including:
    That terrible and scary Morgan decision holding that even manual calls can trigger the TCPA's ATDS provisions;
    The huge certification denial in Chinitz casting doubt on whether popular TCPA suits against real estate brokerages based on calls by individual agents can proceed on a classwide basis;  and of course;
    We breakdown all the best arguments as to why ringless voicemails are (probably) not subject to the TCPA.
    Yet another Unprecedented TCPA experience coming your way!
    Host: The Czar
    Cast:   Archduke, Grand Duchess

    • 1 hr 2 min
    Episode 8: Former Congressional Staffer Margaret Daum Helps Us Understand TCPA Legislative Developments

    Episode 8: Former Congressional Staffer Margaret Daum Helps Us Understand TCPA Legislative Developments

    Well we're back folks and you cannot miss this.
     
    Dusting off the fun and sun of summer, the TCPAWorld team is back in action. We breakdown all the big TCPA developments over the last few months, including:
    The passage of TRACED and Stopping Bad Robocalls Act in the Senate and House respectively, and the gap between the two statutes and how Congress might ultimately harmonize these enactments to get to a final Anti-Robocall Bill;
    The Supreme Court's battle for the soul of legislative power in this nation, using the TCPA as its pawn-- and what it may mean for future TCPA rulings handed down by regulatory agencies;
    We review the ATDS landscape and discuss why it really looks like a true majority position is developing surrounding the definition of the ATDS; and
    We breakdown the Eleventh Circuit's huge ruling in Salcedo holding that unwanted text messages do not necessarily cause concrete injury for Article III standing--including an analysis of what makes Salcedo difference from other Spokeo decisions.
    And then we get to the incredible interview with Margaret Daum.  What a hitter!
    Margaret spent over a decade conducting sensitive and high-profile congressional investigations on the hill. She was actually part of the powerful Permanent Subcommittee on Investigations. My goodness– who better to help guide us through the process of these two bills (TRACED and SBRA) merging together to become one–and how best to get me (the Czar) to testify before Congress. (And who better to help guide you through any sticky Congressional investigation in the extremely unfortunate event you or someone you love (or work for) gets sucked into one.)
    Per usual this episode of Unprecedented is jam-packed, fast-moving TCPA excitement. Enjoy!
    Host: The Czar
    Cast:   Archduke, Duchess

    • 52 min
    Episode 7:  Numeracle CEO Talks Default Call Blocking Rules

    Episode 7:  Numeracle CEO Talks Default Call Blocking Rules

    Rebekah Johnson, the visionary CEO and foudner of Numeracle, explains how callers are now at the mercy of phone carrier analytics and cannot expect their calls to go through without help. That's where Numeracle comes in. Rebekah and the Czar dive deep into the FCC's new default call-blocking rules,  addressing the contours of the brave new world we now inhabit in which carriers may wield tremendous power over which calls do and do not connect.  Rebekah explains why there's a real risk that legitimate callers--particularly debt collectors-- are at risk of being frozen out.
    Before we get to the interview, however, the team breaks down the biggest TCPA news of the week, including a recent decision determining when a call is actually "made" under the TCPA, a critical new case out of Florida holding that contractual consent is irrevocable, and the Sixth Circuit's smack down of a bid by a lawyer to bring repeat claims for calls to a landline phone.
    Host: The Czar
    Cast:  Knight, Jester,  Archduke, Grand Duchess

    • 1 hr 10 min
    Episode 6: Abbas Kazerounian Talks CCPA and First Amendment

    Episode 6: Abbas Kazerounian Talks CCPA and First Amendment

    Abbas Kazerounian – the “Godfather” of TCPA class actions – breaks down California’s new privacy act – the CCPA. Abbas helped draft the statute and, as one of the most feared consumer litigators in the nation, plans to use it to good effect. You simply cannot miss his insights in this area. Of course, as one of the country’s leaders in defending consumer class actions in the privacy space, you can also count on us to bring you 360 degree analysis and coverage of CCPA developments – and this interview with Abbas is just the start.
    But don’t worry TCPAWorld, we didn’t spend the entire interview talking about CCPA. I also take Abbas to task on First Amendment issues and the remarkable fact that consumer lawyers are chipping away at our constitutional rights by advocating for a watered-down version of strict scrutiny in TCPA cases. As I argue to Abbas– the precedent created in these cases damages the First Amendment landscape for all of us in every context. Abbas fights back hard at times, but even he sees the inherent danger of eroding our Constitutional protections in the name of stopping robocalls.
    Before we get to the interview we breakdown Commissioner O’Reilly’s big speech–and how best to leverage it–and of course you cannot miss our take on the TRACED Act. We break it down and explain exactly what to expect if (and when!) the bill becomes law.
    Host: The Czar
    Cast:   Archduke, Grand Duchess

    • 1 hr 13 min
    Episode 5: Morgan & Morgan Lawyers In Studio to Talk TCPA Shop

    Episode 5: Morgan & Morgan Lawyers In Studio to Talk TCPA Shop

    If there is one firm that has cashed in the most from the explosion of TCPA litigation over the last few years it is surely Morgan & Morgan.
     
    Billing themselves as the largest plaintiff’s law firm in the world, Morgan & Morgan’s aggressive consumer protection department has boasted nearly 10% of all TCPA filings over the last 4 years. Their lawyers have single-handedly made the Middle District of Florida ground zero for the TCPA explosion and have recently expanded their footprint into Georgia, Tennessee and even far flung jurisdictions like Michigan and California. And as the firm transitions toward a greater focus on class litigation the near “limits” resources available to Morgan & Morgan make it a dangerous “go the distance” adversary that everyone needs to take seriously.
    In a revealing interview with the head of Morgan & Morgan’s consumer protection department– Tav Gomez– the Unprecedented podcast team unpackages all the big TCPA developments and explore the consumer bar’s perspective on matters such as the ATDS definition and the impact of AAPC, striking down part of the TCPA.
    Host: The Czar
    Cast:   Czarina, Archduke, Grand Duchess
    Topics:
    2:30– Revtich v. Citibank— We beak down the big wrong number TCPA class action denial.
    12:04— With two new petitions seeking reconsideration of the FCC’s reassigned number database now pending, when can we expect a roll out?
    20:00— AAPC v. FCC! We break down this huge new ruling striking down federally-backed debt exemption as unconstitutional 
    26:38—  Interview with Tav Gomez and Frank Kerney of Morgan & Morgan

    • 1 hr 4 min

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