Womble Bond Dickinson Ramble Podcast

The Womble Bond Dickinson Ramble podcast is a weekly podcast brought to you by TCPAland.com.

Prepare to laugh and learn while following Eric J. Troutman and his team as they discuss the noteworthy topics of the day. As the host of one of Womble Bond Dickinson’s official litigation podcast, Troutman will be facilitating conversations centered around TCPA litigation as well as other trending topics.


Episode 26

This week on the Ramble:

Once we cover the holiday exploits we move into the major TCPA news. We break down the TRACED Act and its likely impact on the TCPA should it pass. We also bring everything together with a quick breakdown of events transpiring over the last few months in one breathtaking super cut. 

Then we find time to hit:

  • Johnson v. Yahoo!, Inc., Notably, this is now the second court outside the Ninth Circuit to expressly refuse to follow Marks on the basis there’s no ambiguity in the statutory definition of ATDS.
  • And the decision in Zemel v. CSC Holdings has one of the greatest TCPA decision one-liners ever. We also break down why you can’t sue someone for offering you HELP.
  • Plus, in a shocking development a District Court orders plaintiff to show cause why TCPA class action shouldn’t be stayed based on challenges to constitutionality in Gallion v. Charter Commc’ns, Inc. after the U.S. AG’S OFFICE AGREES THE CASE SHOULD BE STAYED! Wow!

But the real reason to listen–as always–is our great guest!

This week we’re joined by the Head of Legal and Compliance for QuinStreet, Marty Collins, joins the Ramble to discuss how to obtain valid consents and much more.

Indeed, there is no hotter topic in TCPAland right now than how to obtain valid consents in the lead aggregation space. And there may be no hotter performance marketing company out there than Quin Street. So what a great honor and privilege to have Quin Street’s Head of Legal and Compliance Marty Collins join us this week for the Ramble podcast.

Marty’s interview is chock full of beefy TCPA goodness. He breaks down why third-party validated consent is so critical in the current TCPA environment and discusses consent form best practices. It’s a great interview and one you’re sure to enjoy.

Quick Info–Ramble Episode Twenty-six

Record Date: December 6, 2018

Host: The Czar

Cast: The Baron, Queenie, and the Grand Duchess

Guest (FIREline): Marty Collins (Head of Legal and Compliance at Quin Street)


Episode 25

Today we’re happy to drop our 25th Ramble edition–found here— and its heavier than a sweet potato casserole with all the fixin’s.

First, we walk through all the huge recent TCPA developments, starting with a breakdown of the showdown over the Separation of Powers doctrine that is playing out before our very eyes. Indeed we saw the entire framework of FCC TCPA Order deference under the Hobbs Act get called into question when the U.S. Supreme Court granted cert. to answer the question of whether or not district courts really have to defer to the FCC after all. Holy smokes! This has huge ramifications far beyond the TCPA and we explain why Kavanaugh’s Supreme Court is likely using the TCPA as a pawn to drive toward big Chevron deference change–just as David Carter predicted!

But that’s just one of the week’s big developments. We also saw the big Good Reyes decision in Few get reversed, we saw the first district court case to recognize that a caller can rely on the consent of a former subscriber when a number changes hands without consent Post-ACAand we saw another big win for LiveVox’s HCI product.

But let’s hope that you still have room for desert because we’ve got a wonderful interview for you this week–  Ian Ballon– Co-Chair of Greenberg Taurig’s Global Intellectual Property and Technology Practice– who was lead counsel for Defendant in Marks v. CrunchThat’s right–the guy who defended Crunch in the suit that resulted in the seminal ATDS decision of 2018 joins us to break down the decision from his perspective.

Most importantly, as we reported last week,  he confirmed to us that, as suspected, defendant Crunch Gym will be seeking cert. of the Marks decision to the United States Supreme Court. 

We break down all of the grounds for the cert. bid and Ian shares all of his thoughts as to why he believes Marks was wrongly decided. (Fair warning: there are many, many reasons.) Listening to this interview is great catharsis for anyone frustrated with the Marks decision or the uncertain state of TCPAland generally.

Quick Info–Ramble Episode Twenty-five

Record Date: November 15, 2018

Host: The Czar

Cast: The Baron, Earl, and the Czarina

Guest (FIREline): Ian Ballon


Episode 24

We took a week off of the Ramble and what a week it was. We are truly starting to see the Marks Effect on rulings and some of these results are just baffling.

To start we have our first out-of-circuit opinion applying Marks to deny a Defendant’s motion to dismiss in Adams v. Ocwen. Though Adams finds that ACA Int’l reversed both the Omnibus and those earlier 2003 and 2008 orders following Gonzalez they the court then stats that Marks has it right. Not good.

Opt-out Evaders you are not welcome here! In Epps v. Earth Fare, the Plaintiff allegedly sought to stop text messages from Defendant with plain language texts such as “I would appreciate [it] if we discontinue any further texts” opposed to using the word “STOP” as instructed. The lower court found that Plaintiff did not reasonably revoke and therefore granted Defendant’s Motion to Dismiss. Good job, Ninth Circuit.

Mussat v. IQVIA, Inc. is a putative nationwide TCPA junk fax class action in which the Plaintiff – a resident of Illinois – sued the Defendant – a nonresident Delaware corporation – for faxes the Plaintiff received in the state. The Defendant moved to strike Plaintiff’s class definition to the extent it sought to include claims of nonresident class members. It argued that based on Bristol-Myers Squibb, the Court did not have specific jurisdiction over the claims of the nonresident class members because the claims “do not arise out of, or relate to, IQVIA’s contacts with Illinois.” The Court did not flinch in granting the motion.

Dennis v. IDT Corp. is an interesting contrast to the Mussat case out of the Northern District of Illinois, where the court reached a contrary holding that was animated by concerns over the consistent and equal application of a defendant’s due process rights.

The Western District of Pennsylvania rejects primary jurisdiction doctrine in TCPA case because of “Minimal Risk” of inconsistent ATDS rulings in Baum v. Civ. A. Lenihan ADT LLC. This case doesn’t even make sense. Just take a look at our ATDS scorecard.

On the FIREline this week we have Alex Algard, the Founder and CEO of Hiya Inc., an innovator of the highest order. Hiya is a product that may change the entire experience of taking a phone call. Importantly, its Robocall Radar shows that only 2.1% of unwanted spam calls are definitively related to debt collection efforts. 

Quick Info–Ramble Episode Twenty-four

Record Date: November 1, 2018

Host: The Czar

Cast: The Baron, the Grand Duchess, and the Czarina

Guest (FIREline): Alex Algard, CEO of Hiya Inc.


Episode 23

Chances are good that a year ago you’d never heard of Jeff Lohman. I know I hadn’t.

But now, it seems. the guy is simply unavoidable. His office files dozens of TCPA cases a month (perhaps more) and many more wind up in confidential arbitration proceedings.  Who is this wonder kid–just a handful of years out of law school– making all that big TCPA racket?

Join us this week on the Ramble-to find out and learn:

  • What’s Jeff’s background and how did he end up doing TCPA litigation?
  • Does he intentionally pursue claims in arbitration over federal court?
  • Why the huge push into TCPA recently?
  • How many lawyers and staff does he have working for him?
  • What’s his approach to litigating these cases?
  • What are his thoughts about ACA Int’lMarks, the Public Notice, etc.?
  • What is his strategy for litigating and resolving these cases?
  • Why is Dominguez such a thorn in his side?
  • Why does Jeff love to pursue “preview mode” cases?

This is a can’t miss interview for anyone dealing with Lohman’s office and–at this point–who isn’t?

Also hear Jeff tell the Czar that he “looks to your guidance…” on these cases.

Before we get to the interview the team and I break down the week’s big TCPA news:

  • The huge ramifications for platform providers following Hurley v. Messer, Case No. 3:16-9949, 2018 U.S. Dist. Lexis 171588 (D. W.V. Oct. 4, 2018);
  • The great post-Marks ATDS decision in Gary v.  Trueblue, Case No. 17-cv-10544, 2018 U.S. Dist. LEXIS 175021 (E.D. Mich. Oct. 11, 2018); and
  • The “Bad Reyes” Saga Continues With One-Way Intervention Challenge to Court’s Certification Ruling. Because the Court elected to rule on the Plaintiff’s certification motion (which was properly filed before the MSJ) after first ruling on Plaintiff’s summary judgment motion (which was properly filed after the certification ruling) the Court appears to have violated the decades-old rule against one-way intervention.
  • We also break down some of the key comments submitted ahead of the FCC’s TCPA Public Notice proceeding–including Noble’s fantastic comment.

Quick Info–Ramble Episode Twenty-three

Record Date: October 18, 2018

Host: The Czar

Cast: The Baron, Queenie, and Empress

Guest (FIREline): Jeffrey Lohman


Episode 22

A bipartisan coalition of 35 state attorneys general submitted a comment to the Consumer and Governmental Affairs Bureau requesting that the FCC create a new rule that would specifically target neighborhood spoofing. The rule could help reduce the spoofed robocalls from numbers with the same area code as the consumer, or even calls from the consumer’s own number.

The Wilfredo Gonzalez v. Ocwen Loan Servicing case resurfaced last week. Since the Court held that the 2003 and 2008 predictive dialer rulings were overturned by ACA Int’l, the Defendant went back to the well via a motion for reconsideration and asked the Court to also find that the 2003 ruling had been overturned in all respects–including the FCC’s finding in that order that the TCPA applies to debt collection calls.

“THIS IS A TEST of the National Wireless System. No action is required.” Everyone’s phones went off last Wednesday when the Presidential Alert was sent but does this sort of “push notification” constitute a text? Is the government considered a person within the meaning of the TCPA? Was this used for emergency purposes? Some interesting things to consider here but not surprisingly a group had already requested a preliminary injunction to halt the test of the Presidential Alert system stating a violation of First and Fourth Amendment rights.

The FIREline this week is a deep dive into Class Action Defense as we discuss the recent Citi case with expert witnesses for the defense, Ken Sponsler and John Taylor.

Quick Info–Ramble Episode Twenty-two

Record Date: October 15, 2018

Host: The Czar

Cast: The Baron, the Grand Duchess, and the Czarina

Guest (FIREline): Ken Sponsler and John Taylor


Episode 21

The FCC has reopened comments on what constitutes an ATDS after the recent Marks decision. The comment deadline is just two weeks away so we must act fast.

Terminating your health insurance is not revocation of prior express consent to receive welcome calls about that policy according to Indiana court. In Wilkes v. Caresource the court granted the defendant’s motion for summary judgment, on the basis that since Plaintiffs provided the wife’s number on their application for insurance, which was then transmitted to Defendants, Plaintiffs gave express consent to be called. The court further noted that though the welcome calls were mistakenly made to Plaintiffs after they terminated their insurance, the content of the messages – “health care benefits, providers, and wellness programs – were reasonably related to the insurance coverage for which Plaintiffs originally provided their cell phone number.”

CitiGroup, Inc. (“Citi”) defeated certification in a massive class action in the consumer-friendly Northern District of Illinois in the case of Tomeo v. CitiGroup, Inc. The Czar gives a critical take away for all class action defense lawyers in defending TCPA class actions moving forward.

This week we also saw a mind-blowing settlement rejection when the court refuses to approve a $17.5M settlement in Snyder v. Ocwen Loan Serving. This is a completely unprecedented territory for all involved and just a truly remarkable turn of events. No TCPA settlement of this size has ever been rejected by a court. It will be very interesting to see what happens next.

The FIRELine hosted our first ever dual guests. Chad Fuller and Virginia Bell of Troutman Sanders join us to talk about how they became a TCPA power duo.

Quick Info–Ramble Episode Twenty-one

Record Date: October 4, 2018

Host: The Czar

Cast: The Baron, Queenie, and the Czarina

Guest (FIREline): Chad Fuller and Virginia Bell of Troutman Sanders


Episode 20

Yep, we have the guy who brought TCPAland Marks v. Crunch IN STUDIO this week.  Enjoy the interview as Abbas Kazerounian explains why he saw the case to the conclusion and the impact of the case on TCPAland moving forward. (Also if you want to watch the oral argument in Marks it is found here: https://www.ca9.uscourts.gov/media/view_video.php?pk_vid=0000010659)

Additionally, we cover developments in TCPAland, as always. First, we have a Maddox redux– the court in Glasser held that “ACA Int’l left intact earlier FCC rulings that the ‘basic function of an autodialer is to dial numbers without human intervention.”

And welcome to Splitsville in New Jersey. As courts continue to address the definition of ATDS within the TCPA it was only a matter of time before we started seeing intra-district splits. In a ruling deeply overshadowed by the Marks ruling, the Hon. Kevin McNulty issued a ruling in the District New Jersey that is deeply and directly at odds with two earlier decisions entered by the Hon. Jerome B. Simandle of that same district.

But really we know you just want to hear from Abbas. He was already the “Godfather” of TCPA class actions, and now he’s the man that brought TCPAland arguably the most impactful TCPA ruling in history– Marks v. Crunch. Abbas Kazerounian–lead counsel for Appellant Marks–joins the Ramble to discuss the ruling.

Quick Info–Ramble Episode Twenty

Record Date: September 27, 2018

Host: The Czar

Cast: The Baron, Queenie, and the Czarina

Guest (In Studio): Abbas Kazerounian, Godfather of TCPA Class Actions


Episode 19:

Two words: Sergei Lemberg.

Talk about a guy who needs no introduction in TCPAland circles! On this episode of the Ramble, led by the Baron, Sergei Lemberg, of Lemberg Law joins us via the FIREline to discuss Marks and how he built his magnificent TCPA practice from the ground up. Sergei explains how he turned around a series of failures into a platform for ultimate success. Sergei also explains his take on the decision and why he thinks the Ninth Circuit got it just right.

Before you get to the interview you’ll be treated to a critical deep dive analysis of the new Marks decision. Everything you need to know is all right here folks, wrapped up with a neat little bow.

Plus you’ll get to hear Sergei talk about his side job making pickles. Yeah, we don’t know what to make of it either.

Quick Info–Ramble Episode Nineteen

Record Date: September 20, 2018

Host: The Baron

Cast: Grand Duchess, Empress, Earl, and Nadia Adams

Guest (FIREline): Sergei Lemberg


Episode 18:

The Baron hosts this week while the Czar is away at a speaking engagement in DC.

The first case we discuss this week is Christianson v. Ocwen Loan Servicing. There the Court extended the statute of limitations based on the filing of an earlier lawsuit allowing Ocwen to be sued (unjustly?) for alleged TCPA violations dating back more than 6 years prior to the filing of the complaint.

In, Turner v. Efinancial, LLC, like in many instances, consumer’s claims will involve an attack on some aspect of the lead generator’s business model. But Fed. R. Civ. P. 24 provides those lead generators the right to assert themselves into such litigation and defend their business interests.

District Court Judge, Judge C.W. Hoffman, for the United States District Court for the District of Nevada granted a motion to stay the Thomas v. Smith-Palluck Assocs. Corp suit, pending a ruling by the FCC or until the Ninth Circuit issues a decision in Marks v. Crunch.

Our guest on the FIREline this week is Gene Kalsky. Gene joins the Ramble to discuss the devastating impact of the $12.5M personal judgment against him based on a technical violation of the TCPA’s fax rules.

Quick Info–Ramble Episode Eighteen

Record Date: September 13, 2018

Host: The Baron

Cast: Queenie, Empress, Earl, and Nadia Adams

Guest (FIREline): Gene Kalsky, CEO of Gen-Kal Pipe & Steel Corporation


Episode 17:

The Czar introduces the Queen of upcoming FCRAland.com. The next information hub provided by Womble Bond Dickinson.

This week on the Ramble we talk about an “Unlikely Pair,” a set of cases that show how Good Reyes is all over the map right now. Rodriguez v. Premier Bankcard and Tillman v. Hertz Corporation.

Next up in Gonzalez v. Ocwen Loan Servicing, the Court denied Ocwen’s motion to dismiss but only after ruling that predictive dialers are not subject to the TCPA unless they randomly or sequentially generate numbers to be dialed.

In Douglas v. Western Union Company, the court granted final approval to a TCPA class action settlement requiring Western Union to pay $8.5 million to resolve the claims of 741,800 class members who allegedly received unsolicited text messages from the money-transfer giant. Despite the good result, class counsel’s fees were axed and they received a scathing lecture and a big fee cut from the Court.

One last case discussed before we head over to the FIREline, Luster v. Green Tree Servicing, LLC. The Luster case has two interesting components: First, the case represents the second time in a month that an “expert” report of Jeff Hansen has been excluded due to his failure to inspect equipment. Second, and perhaps more interestingly for class action practitioners, the Court denied certification finding that the Plaintiff had failed to make a threshold showing of commonality under Rule 23(a)(2).

Our guest this week on the FIREline is David Carter of Innovista Law PLLC where he heads up the TCPA Defense Force. David and his team are making a lot of noise and we were eager to talk to him about issues on the horizon in TCPAland, such as potential due process limitations.

Quick Info–Ramble Episode Seventeen

Record Date: September 6, 2018

Host: The Czar

Cast: Czarina, Queenie, and Baron

Guest (FIREline): David Carter, Innovista Law


Episode 16:

First up this week we discuss the disaster in Heard v. Nationstar Mortg. Llc. There the Court held that an Avaya predictive dialer met the statutory definition of an ATDS even if the FCC’s 2003 and 2008 Predictive Dialer Rulings were overruled by ACA Int’l. And all of TCPAland shuddered.

In Physicians Healthsource, Inc. v. A-S Medication Solutions LLC, the Court faced a summary judgment motion from the Plaintiff seeking to resolve issues of liability against Defendants–including personal liability against A-S Solutions CEO Walter Huff. What a horror story!

This was one of the hottest weeks so far for the FIREline when we were joined by our guest, Paul Gies, President of VoApps. Paul made it clear that the fight over the legality of Direct Drop is far from over. When asked whether VoApps still believes that the DirectDrop platform is not covered by the TCPA he claimed that “We do believe that there are fundamental differences in how our services work [compared to] how the TCPA regulates calls to cell phones.”

Quick Info–Ramble Episode Sixteen

Record Date: August 30, 2018

Host: The Czar

Cast: Czarina, Queenie, and Grand Duchess

Guest (FIREline): Paul Gies, President of VoApps


Episode 15:

In a much-anticipated interview, our guest this week is YouMail’s CEO Alex Quilici. Alex explains the methodology behind the company’s famous “robocall index.” The robocall index is roundly cited as proof positive that robocalls are on the rise in this country and the NCLC has “unmasked” the callers on the index to announce their list of the “Top 20 Robocallers.” But what is the robocall index really tracking and is it consistent with the experience of everyday Americans? Find out in this revealing interview.

Before the interview, the team discusses some of the decisions that came out this week in TCPAland and Eric’s prediction of sparks flying didn’t pan out in regards to the FCC oversight hearing.

First up is a Good Reyes decision coming out of the Eleventh Circuit in Few v. Receivables Performance Management. What makes Few particularly powerful is its recognition of binding Eleventh Circuit precedent that a consumer’s right to revoke consent may be “restricted by contract”.

In Legg, Plaintiff sued the Defendant – a pet insurance company – in a nationwide class action for making a call with a prerecorded message advertising the availability of pet insurance services. Plaintiff claimed that, although he had provided his phone number to a pet adoption agency when adopting a cute little kitty, the Defendant did not have the required prior express written consent required to send him the message.

We also give Ocwen a round of applause for its big win in Keyes v. Ocwen Loan Servicing, No. 17-cv-11492, 2018 U.S. Dist. LEXIS 138445, at *15 (E.D. Mich. Aug. 16, 2018). The case finds that an Aspect predictive dialer system is not an ATDS as a matter of law. Now that’s big news!

Quick Info–Ramble Episode Fifteen

Record Date: August 16, 2018

Host: The Czar

Cast: BaronEarlCzarina, and Empress

Guest (IN STUDIO): Alex Quilici, CEO, YouMail


Episode 14:

A whole lot happening in TCPALand this last week and the Czar is back at the helm.

In simultaneous rulings issued last Thursday, the Hon. Jerome B. Simandle ruled twice that dialers calling from lists do qualify as automated telephone dialing systems for purposes of the TCPA after all.

In Abante Rooter and Plumbing, Inc. v. Alarm. Com, the Defendant sought summary judgment arguing that the FCC’s 2003 and 2008 Predictive Dialer Rulings are no longer viable after ACA Int’l. Plaintiff sought judgment arguing that those rulings do remain binding and that Alarm.com used just such a dialer. The Court denied both motions finding that the FCC’s rulings remain binding but that Plaintiff failed to prove Alarm.com used a predictive dialer to begin with.

In Abramson v. Oasis Power LLC, Abramson brought a class action suit against Oasis for allegedly making automated telemarketing calls to the phone numbers of Abramson and other putative class members, using an ATDS or predictive dialers.

A “Good Reyes” case, Harris v. Navient Solutions, the court made short work of the Plaintiff’s reliance on FCC orders suggesting that consent can sometimes be revoked. Harris points out that the Reyes Appellants had made a similar argument and been shot down by the Second Circuit panel which had distinguished those FCC orders as limited to gratuitous consent circumstances, not contractual consent.

Our guest this week is Michael Greenwald of Greenwald Davidson Radbil PLLC. Michael tells us how he built his firm and how he got started with Consumer protection class actions including TCPA.

Quick Info–Ramble Episode Fourteen

Record Date: August 9, 2018

Host: The Czar

Cast: BaronGrand DuchessCzarina

Guest (FIREline): Michael Greenwald, Greenwald Davidson Radbil PLLC


Episode 13:

This week the Czarina is back to host the Ramble. The team discussed the hot week in TCPAland by going through the details of cases such as Gary v. TrueBlue Inc., Pinkus v. Sirius XM Radio, and others.

Recently a block of 14 Democratic Senators recently wrote to FCC Chairman Pai and urged him to maintain the Commission’s broad reading of, inter alia, the TCPA’s ATDS definition.

Our FIREline guest this week is Rebekah Johnson, Founder and CEO of Numeracle. Rebecca talks about what her company does and the Communication Protection Coalition. She tells us what she considers a robocall and so much more.

Quick Info–Ramble Episode Thirteen

Record Date: August 2, 2018

Host: The Czarina

Cast: Grand Duchess, Earl

Guest (FIREline): Rebekah Johnson, Founder and CEO, Numeracle


Episode 12:

The Czar is back in the host’s seat and ready to dive into TCPA developments that have come out in the last week or so. The team jumps right into the question of “Do TCPA claims survive death?” and the 6th Circuit ruling that the claim does survive the death of the plaintiff in the Parchment v. SLM Corp.

In two claims brought against Quicken Loans we see divergent results from the court in the middle district of Florida and in the opinion of our TCPAlanders. Eric has some differing opinions on the first case which involved a matter of personal jurisdiction where the plaintiff, Norris, is a California resident but brought a class action in Florida.

The Boogeyman wins big. Our Ramble guest, Jay Edelson, wins record-setting 14-19 million dollar attorney fee award in TCPA class settlement.

This weeks guest on the FIREline is the “Maverick”, Martin Jaszczuk of Jaszczuk P.C. Martin tells a little about his practice and starting his own firm in 2017. Then it is open season on the state of TCPA interpretations.

Quick Info–Ramble Episode Twelve

Record Date: July 26, 2018

Host: The Czar

Cast: BaronGrand DuchessCzarina

Guest (FIREline): Martin Jaszczuk of Jaszczuk P.C.


Episode 11:

Czarina takes over the Ramble this week while the Czar takes a little time off, but he jumps on the FIREline to interview our special guest, Christine Reilly.

The lower courts are still split on ATDS functionality following ACA International. Cases such as Lord and Sessions, etc. continue to challenge the idea that random or sequential number generation is required to qualify as an ATDS.

Our guest this week is the “Fax Queen” Christine Reilly, chair of TCPA compliance and class action defense at Manatt, Phelps & Phillips, LLP. Christine and Eric trade TCPA war stories and her thoughts on ACA.

Quick Info–Ramble Episode Eleven

Record Date: July 19, 2018

Host: The Czarina

Cast: BaronEarl, Grand Duchess

Guest (FIREline): Christine Reilly of Manatt, Phelps & Phillips, LLP.


Episode 10:

This week the Czar has switched up the cast of the Ramble welcoming back the Earl, the Archduke, Queenie, Empress, and Erin Kubota (who refuses to take a royal title).

The team discusses updates in the Bad Reyes saga and the One-way Intervention challenge, Marks v. Crunch, and more.

Our FIREline guest this week is the Boogeyman himself, Jay Edelson from Edelson PC.

Quick Info–Ramble Episode Ten

Record Date: July 12, 2018

Host: The Czar

Cast: Earl, ArchdukeQueenie, Empress, Erin Kubota

Guest (FIREline): Jay Edelson of Edelson PC.


Episode 9: 

Our best episode yet. We cover the recent Tucker vs Credit One Bank case and an important Southern California District Courts ruling on the definition of ATDS post-ACA. We also analyze the phenomena behind the decrease in TCPA filings recently.

But the big draw here is the Ramble’s groundbreaking interview with Shay Dvoretzky who argued successfully against the FCC’s 2015 Omnibus ruling. This guy is incredible.

As lead counsel for Petitioners in ACA Int’l, Counsel Dvoretzky is uniquely positioned to opine on the current split of authority as to whether or not the FCC’s predictive dialer rulings remain viable following the D.C. Circuit Court of Appeal’s ruling. His answer is clear:

“At this point, district courts are not bound by the 2003 and 2008 orders anymore. They are free to go back to the text of the statute and interpret what it says and decide based on that what functions do or do not make something an ATDS.”

-Shay Dvoretzky, July 5, 2017 on the Womble Bond Dickinson Ramble Podcast

Counsel Dvoretzky was also not shy in observing that “a lot of district courts have gotten that wrong–there have been some district courts have taken the view that the ACA decision was only reviewing the 2015 order.”

This is a gem of an interview. Listen below.

Quick Info–Ramble Episode Nine

Record Date: July 5, 2018

Host: The Czar

Cast: Baron, Grand DuchessCzarina, Queenie

Guest (FIREline): Shay Dvoretzky, Jones Day Partner who successfully argued Petitioner’s Challenge to FCC’s 2015 TCPA Omnibus ruling in ACA Int’l.


Episode 8:

Marty Stern–the immensely talented and superbly-well-connected head of Womble Bond Dickinson’s Communications Technology and Media team in D.C.–joined the Ramble podcast this week (as a stand-in for Jay Edelson who could not make his scheduled appearance.) Marty’s team advocates in front of the FCC all the time. He “knows” the Commissioners and talks to them regularly on the TCPA and beyond.

Boy, oh boy did he have a lot to say about the TCPA. This was our most wild and raucous interview yet and you’ll love it.

Before we get to the interview, however, the team breaks downDominguez and Carpenter as well as Senator Markey’s letter to the FCC. We also talk about the copycat TCPA podcast out there. And we have an esoteric discussion about the nature of privacy rights infringed by phone calls under the TCPA.

Quick Info–Ramble Episode Eight

Record Date: June 28, 2018

Host: The Czar

Cast: Baron, Czarina, Queenie

Guest (FIREline): Marty Stern, Head of WBD’s CTM FCC Advocacy Team


Episode 7:

The royal court is adding yet another member, the Queenie.

The Baron goes in-depth with a ramble on the BBA and the FCC’s Implementing Regulations related to collection of government-backed debt.

Our special guest on this episode is the CEO of InsideArm, Stephanie Eidleman. Stephanie tells us all about her background and career leading up to CEO and her work with the Collections industry.

Quick Info–Ramble Episode Seven

Record Date: June 14, 2018

Host: The Baron 

Cast: Queenie, Grand Duchess, Czarina

Guest (FIREline): Stephanie Eidleman, CEO of InsideArm


Episode 6:

Another new member joins the Ramble as the Earl.

The team discusses the Lavigne case and why TCPA Bad/Wrong Number Class Actions are scary along with other recent TCPA developments.

Special guest, Abbas Kazerounian, founding partner at Kazerouni Law Group, is appointed as the godfather of TCPA class litigation. Abbas talks about how to become effective consumer rights attorney.

Quick Info–Ramble Episode Six

Record Date: June 7, 2018

Host: The Czar

Cast: Baron, Grand Duchess, Czarina, Empress, Earl

Guest (In Studio): Abbas Kazerounian, Godfather of TCPA Class Actions


Episode 5:

The TCPAland royal family introduces two new members and mention reminders about transactional consent and the FCC public notice deadline.

We also welcome our guest, Plaintiff attorney, Todd Freidman who is fired up about the onslaught of telemarketer cases popping up right now.

Quick Info–Ramble Episode Five

Record Date: May 31, 2018

Host: The Baron

Cast: The Nameless One, Archduke, Grand Duchess 

Guest (FIREline): Todd Friedman


Episode 4:

Could *7 be the answer to revocation? Is it too easy to revoke consent and what does it really mean?

Special guest Becca J. Wahlquist, of Snell and Wilmer, joins us on the Womble Bond Dickinson FIREline to discuss her recent TCPA wins.

Quick Info–Ramble Episode Four

Record Date: May 24, 2018

Host: The Czar

Cast: Baron, Czarina, Empress

Guest (FIREline): Snell & Wilmer Partner Becca J. Wahlquist


Episode 3: 

On our third episode of the Womble Bond Dickinson Ramble we discuss the FCC’s public notice to comment on TCPA and the act’s uncertain future.

We also bring you the other side of the TCPA table with our in-depth interview with Plaintiff’s TCPA lawyer Tav Gomez, head of Morgan & Morgan’s Consumer Protection Department.

Quick Info–Ramble Episode Three

Record Date: May 17, 2018

Host: The Czar

Cast: Baron, Grand Duchess, Czarina, Empress

Guest (FIREline): Tav Gomez, Head of Morgan & Morgan Consumer Protection Department


Episode 2:

Eric and team discuss recent TCPA developments including cases featuring the same plaintiff in suits against the American Heart Association and Marketron Broadcast Solutions. Also, the FCC seeks public comment on the scope of TCPA following ACA International.

Our special guest this week, Mark Brennan, a partner in the D.C. office of Hogan Lovells, and FCC TCPA advocate, talks about the new U.S. Chamber of Commerce petition.

Quick Info–Ramble Episode Two

Record Date: May 10, 2018

Host: The Czar

Cast: Baron, Grand Duchess, Czarina

Guest (FIREline): Hogan Lovells Partner Mark Brennan


Episode 1:

Join Eric Troutman and his highly entertaining team for the inaugural Womble Bond Dickinson Ramble. Troutman discusses the implications of hot TCPA topics such as the Barton Decision and the Stopping Bad Robocalls Act.

Featuring special guest Betty Temple, CEO, and Chair, Womble Bond Dickinson (US) LLP, Co-Chair, Womble Bond Dickinson (International) Limited. Betty talks to us about the big combination last year, diversity in hiring, along with the firm’s plan for growth and west coast expansion.

Quick Info–Ramble Episode One

Record Date: May 3, 2018

Host: The Czar

Cast: Baron, Grand Duchess, Czarina

Guest (In Studio): Womble Bond Dickinson CEO and Chair Betty Temple


 

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