SPB’s Unprecedented Podcast

Welcome to a Truly Unprecedented Legal Podcast

Episode 15: TCPA Class Action Monster Anthony Paronich

CLICK IMAGE FOR PODCAST

Record date: May 21, 2020

Drop date: June 3, 2020

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

When it comes to TCPA class action lawyers they don’t come more dangerous than Anthony Paronich. The guy is absolutely prolific and when he gets a hold of a company he is notorious for refusing to let go–even when substantial evidence suggests the case may not hold water.

Paronich

TCPA Class Action Lawyer Anthony Paronich

In this week’s episode of Unprecedented we invite Counsel Paronich on the show to explain his perspective on why a Jornaya or a TrustedForum certificate simply may not be enough–in his opinion–to justify that prompt dismissal you might think is appropriate. You have to hear it to believe it.

More broadly, in his world view–which is not shared by TCPAWorld.com or the author–lead sellers are commonly selling bad or false leads, even manufacturing consent documents at times. And in a landscape where leads simply cannot be trusted, a third-party verification form is simply not enough to discourage Paronich from pursuing his case; he demands documents from the ultimate lead source. And what happens when those records aren’t available? Listen to the interview to find out.

Paronich is extremely candid in this interview and explains articulately and intelligently why he believes lead buyers are ultimately responsible for illegal calls in most cases, even when consent looks pretty solid.  This includes his take on TCPA vicarious liability and Rule 23 certification–a real litigator’s delight. He underscores repeatedly the dangers of lead buyers making calls without really knowing who they’re doing business with.

Most important is his discussion of personal TCPA liability. Listen to Paronich reveal the one argument that he says is made on “bad advice” and that is sure to get you named PERSONALLY in a lawsuit– this one is CRITICAL and reason alone to listen to the interview.

Plus Paronich explains what he’s looking for in YOUR disclosures that he will use to defeat a finding of consent–including what he thinks of those hyperlink disclosures with a whole bunch of seller names hidden behind the bold blue print.

I keep the guy talking for about an hour (you’re welcome) and we meander through his background, his business practices, and how he finds clients. To his credit, Paronich is extremely candid and credible in this interview–he really lays it all on the line, expressly giving us some of his “tips and tricks.” He seems genuinely interested in cutting down on illegal calls– so ignore his calls to action at your peril.

Paronich1.jpeg

Click the picture for the podcast!

Anyone involved in lead buying or lead selling needs to listen to this interview from start to finish. It is an absolute MUST LISTEN/WATCH for those interested in understanding how to avoid being the target of a TCPA class action.

Before we get to the interview, of course, the team breaks down all of the biggest TCPA developments of the last week.

 

Episode 14: Constitutional Law Professor Garret Epps 

Epps.jpeg

CLICK IMAGE FOR PODCAST

Record date: May 11, 2020

Drop date: May 28, 2020

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Well folks, our coverage of the HUGE SCOTUS review of the TCPA continues today. Of course we famously live blogged the oral argument earlier this month, then followed up with definitive analysis and an incredible round-table podcast breaking it down (including analysis from one of Supreme Court Justice Ginsburg’s former law clerk’s-  Ben Beaton, co-head of SPB’s Appellate Team.) And now we have EXPERT analysis from Constitutional Law Professor Garret Epps of the University of Baltimore.

Well aren’t we just the gift that keeps on giving.

Epps.jpeg

Professor Garret Epps, Univ. Baltimore Constitutional Law Professor

Now, Professor Epps isn’t just any old cont. law professor, he’s the guy who wrote this absolutely incredible piece in the Atlantic analyzing the impact of the SCOTUS TCPA review on our First Amendment rights. This thing is a must read–and really proves, once and for all, that I’m not actually the best writer in the world, whatever I may think on certain days.

This guy is a true historian–on the podcast he breaks down the history of the Supreme Court’s review of content-specific statutes and explains why the Barr v. AAPC case is part of a logical progression toward applying heightened scrutiny to enactments that curtail commercial speech. Indeed he explains why this challenge came along at just the right time in the Court’s history. Translation: there really is a chance the TCPA is going away.

You’re going to love this guys wit and warmth. He is ultra-quick, charming and has a voice and cadence that recalls Vin Scully. I could literally listen to this guy read from a phone book and be entranced–so you’re going to love listening to him break down the Constitutional doctrines at play here with funny anecdotes and illustrations along the way.

Before we get to the excellent interview, we break down several key TCPA developments, including:

As always folks we hope you will find this edition of Unprecedented both entertaining and informative.

As a reminder, our next edition will include an interview with TCPA class action juggernaut Anthony Paronich. You can’t miss that one.

Plus, news of a VERY exciting guest is on the horizon. TRUST ME, you’ll want to watch out for it.

CLICK HERE TO WATCH THE PODCAST.

 

Episode 13: Breaking Down the big SCOTUS Review in Barr v. AAPC

Podcast.jpeg

CLICK IMAGE FOR PODCAST

Record date: May 6, 2020

Drop date: May 7, 2020

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

We’re at it again. The very same day the Supreme Court held oral argument in Barr v. AAPC the TCPAWorld team was breaking it down in a one-of-a-kind video podcast experience.

Indeed, TCPAWorld.com gave you live coverage of the big Supreme Court oral argument as SCOTUS reviewed the constitutionality of the TCPA under the First Amendment in Barr v. AAPC. 

Our live feeds can be found here and here.

And our definitive analysis–already one of our most popular articles ever–can be found here. 

But our coverage continues today with a team podcast round table where the Archduke, the Grand Duchess, and Ben Beatona former supreme court clerk  and co-chair of Squire Patton Bogg’s powerful appellate team–breakdown every little nuance of the argument and help YOU understand what happened, why it happened, and what it all means for the TCPA and the First Amendment.

CLICK ANY OF THE PICTURES BELOW TO VIEW THE PODCAST

Podcast.jpeg

I play host and give you my take right out of the gate–the Supreme Court is struggling with a major and difficult decision: strike down a popular statute, or run roughshod over decades of cherished constitutional principles. Tough choice folks.

Daniel.jpeg

The Archduke provides his brilliant analysis–unwinding the most nuanced aspects of the oral argument and the tough issues posed by the severance remedy in this case.

ben.jpeg

Of course, Ben Beaton–who clerked for Justice Ginsburg–provides his brilliant take on the argument, explaining exactly what the case might mean for the First Amendment more generally, and also telling us what we can and CAN’T safely expect SCOTUS to do with this one.

amy.jpeg

And finally, the Grand Duchess–her Royal Highness Herself–joins us to breakdown the broader privacy aspects presented by the SCOTUS appeal and give her prediction on the outcome of the case on the TCPA.

We hit this thing from all angles folks and give you exactly what YOU need to know about the BIGGEST TCPA event of the year.

Host: The Czar

Cast:   ArchdukeGrand Duchess, Ben Beaton

Episode 12: U.S. Telecom S.V.P. Patrick Halley is Batman…

CLICK IMAGE FOR VIDEO PODCAST

Guest (Via POWERVision): U.S. Telecom S.V.P. Patrick Halley

Record date: April 28, 2020

Drop date: May 5, 2020

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Our first ever VIDEO Podcast–and with a Huge Guest! Again, what were we thinking? hahaha

With all the videoconferencing we’ve been doing during the COVID19 pandemic–and without access to our sophisticated podcast studios–it was only natural that we’d try our hand at a VIDEO version of the Unprecedented podcast, made possible through the wonders of webex.

Without question this turned out to be the best version of the podcast yet. This episode has it all: goofy hats (nice clickbait picture right?), witty banter, a critical breakdowns of the TCPA SCOTUS review, the big new Second Circuit ruling on ATDS (Duran v. LaBoom), the FCC’s implementation of TRACED Act requirements, and the FCC’s action around COVID19 calls. Plus Sara announces her new TCPAWorld nickname and we tease a NON-PUBLIC FCC petition that will literally changed the TCPAWorld.

Jammed packed.

But most importantly, of course, we deliver our highly-anticipated interview with  Patrick Halley, Sr. V.P. at U.S. Telecom–one of the most powerful trade organizations on the planet– that represents dozens of telecom players in the United States. US Telecom, in turn, created and runs the Industry Traceback Group–using tips from companies like YouMail and Nomorobo to identify scam calls and then implement traceback efforts to identify the point of entry for those calls into the US carrier networks. Its a tremendous program that has shown incredible success at getting to the real root of the robocall problem–the overseas call centers running the terrible scam calls we all detest.

halley

Patrick Halley

In the incredible VIDEO interview–brought to you via Squire Patton Boggs POWERVision ™ at the 19:25 mark– Patrick walks us through how the traceback effort works and the brick-by-brick steps necessary to identify the source of scam calls. He also discusses the huge pressure on carriers to BLOCK calls–including potentially legal calls–and the steps legitimate callers can take to make sure their traffic is not improperly blocked or labeled as a scam.

To assist your navigation through the video, here’s your TCPAWorld.com Unprecedented podcast viewing guide (never thought I’d say that):

  • From the start to about the 4:02 mark I introduce myself and my diverse and talented cast;
  • At the 3:38 mark Sara Borgijiandeclares herself the “Baroness” of the TCPAWorld;
  • At the 4:02 mark I brag about TCPAWorld for a while;
  • At the 4:45 mark the Grand Duchess breaks down the big Supreme Court review of the TCPA;
  • At the 6:50 mark I gave the official prediction of TCPAWorld.com on the outcome of the SCOTUS review (boy am I going to regret doing that if I’m wrong);
  • At the 7:52 mark the Archduke breaks down the huge ATDS ruling out of the Second Circuit Court of Appeal–ignore the incorrect graphic stating it is a 7th Cir. case– in Duran v. LaBoom Disco;
  • At the 10:15 mark I start talking but the camera awkwardly stays on the Archduke for about a solid minute for no reason. (Thanks webex);
  • At the 11:04 mark you get to see the Baroness all dressed up for the ball— brace yourselves folks this is worth the price of admission;
  • At the 11:20 mark the Baroness breaks down the FCC’s recent activity around the emergency purposes exemption in light of the Covid19 pandemic;
  • At the 15:30 mark I declare this video podcast to be “easily” the greatest thing ever created by a law firm;
  • At 15:37 the Baron begins his breakdown ofall the big FCC activity surrounding the implementation of the TRACED Act;
  • At 18:20 the Baron and I tease a new soon-to-be-filed FCC petition that we aren’t allowed to talk about yet (who do I do these things?);
  • At 19:25 we turn to Squire Patton Boggs POWERVision (TM) for our big interview with U.S. Telecom S.V.P. Patrick Halley;
  • At some point in the interview I declare him to be “batman”–(send me an e-mail identifying the mark and I’ll send you a prize–once COVID lets us back into our offices);
  • At 1:03 we begin our post-interview breakdown (Yes–the interview with Patrick runs 40 informative minutes!)
  • At 1:06:21 the Apprenticemakes a cameo on the podcast–where’d he come from?
  • At 1:10:12 I close the show with my patented sign off.

Host: The Czar

Cast:   ArchdukeGrand Duchess

PLUS CHECK OUT SOME OF OUR CLASSIC (NON-VIDEO) UNPRECEDENTED EPISODES

Featuring big names like Abbas Kazerounian, Sergei Lemberg and Jay Edelson.