Fearless in New York: Yitzchak Zelman of Marcus & Zelman gives Unprecedented podcast his secret sauce for litigating TCPA cases!–plus Rep. Joe Crowley!

The Fourth Episode of SPB’s Unprecedented Podcast is just too big. There’s just too much in it.

As I teased last week, former Rep. Joe Crowley (D. N.Y.)– a man who spent many of his 20 years in Congress as part of Democratic leadership– joined the Unprecedented podcast IN STUDIO this week. We discussed his rise into politics, his time in Congress and his decision to join Squire Patton Boggs. Most importantly, however, he gives us an expert-eye view of TRACED–the startling expansion of the TCPA working its way swiftly through Congress— and explains how SPB’s policy team can assist clients interested in assuring that their concerns about the enactment are heard–before it is too late.


But that’s just half of what we have for you this week.

Yitzchak Zelman is the biggest name in TCPAWorld that you may not have ever heard (or know how to pronounce.) He was lead counsel for Mr. Reyes in Reyes v. Lincoln Financial ServicesHe was lead counsel for Ms. Pinkus in Pinkus v. Siruis XM Radio And he partly avenged those losses in his big recent wins in Jiminez– rejecting a good faith defense for wrong number phone calls— and N.L. v. Credit One— a trial victory, the first of his career.


But the really juicy stuff arises out of  D’Ottavio v. Slack Techs., 1:18-cv-09082-NLH-AMD, 2019 U.S. Dist. LEXIS 64069 (D. N.J. April 15, 2019) where his client is accused of setting up a massive TCPA case by sending 1,590 texts to himself. Think I asked him about it? But of course. And despite the fact that Zelman is currently asking to withdraw from that case he still tells Unprecedented that he’s “never seen” a bogus TCPA case. Brave words. What a (TCPA) world we live in!

Listen to the interview, found here, to learn:

  • How’d Zelman handle his big losses in Reyes and Pinkus?
  • What sorts of cases did he handle before TCPA?
  • What’s Zelman’s strategy in approaching these cases?
  • What really happened in D’Ottavio?
  • Why did the court decide willfulness in N.L.?
  • What’s next for him and his law firm?

Before we get to the interviews, the team breaks down two major developments– the status of TRACED and ROBOCOP (at 2:36 mark) and a Third Circuit Court of Appeal rejecting the “pretext” approach to evaluating telemarketing for TCPA purposes. (At 7:31 mark).

Its another jammed-packed episode you won’t want to miss. Enjoy!



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