Settling the Score: Old Foes Tav Gomez and Frank Kerney join Unprecedented Podcast (In Studio!) to Discuss All Things TCPAWorld

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 “limitless” 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 the Fourth Circuit’s decision in AAPC v FCC, striking down part of the TCPA.

Interestingly, Frank Kerney is also the guy who made a reality. He owned the domain and sold it to me to allow us to create the blog you now know and love. (See, he’s not all bad).


Frank Kerney and Tav Gomez

Listen to the podcast–available here— to learn:

  • How is the Morgan & Morgan consumer protection department set up?
  • What percentage of Morgan & Morgan’s cases are arbitration suits versus class actions?
  • Would Morgan & Morgan lawyers prefer to be in arbitration or district court?
  • What’s the biggest problem with arbitration in Tav’s view?
  • What is Tav and Frank’s view of AAPC and the First Amendment challenges to the TCPA?
  • What does Frank think will happen if the statute is struck down?
  • Now that the BBA exemption has been struck down, how does Morgan & Morgan plan to use the AAPC decision in cases against collectors of government backed debt?
  • Hear Tav say “don’t read the statute literally” to the courts considering the statute.
  • Get the back story on how came into being and Frank Kerney’s big role in the creation of the website.

Also, at Tav’s request we are happy to roll out the Morgan and Morgan desperate ATDS case list— this is the list of cases Morgan & Morgan will throw at you if you argue that your device is not an autodialer.