Well you didn’t think we’d let you go into the holidays without a fresh and wonderful Deserve to Win podcast episode to enjoy did you?

In our 28th edition of the podcast we sit down with TCPA plaintiff’s lawyer Mark Javitch as he explains why he focuses his practice on only going after real scumbags.

In fact although he has been litigating for about 5 years in the space we have only run across him a couple of times because, unlike many plaintiff’s lawyers, he isn’t just chasing dollars– he is chasing bad guys.

Javitch is the guy behind that incredible ruling looking to lock up a dialing platform operator for refusing to produce records in response to a subpoena— very aggressive. But it was interesting to catch up with the guy more broadly.

Queenie knows Javitch well because she cleaned his clock and earned a dismissal of a TCPA suit he brought not long ago. The ruling stood out in marked contrast to the LOSSES suffered by other TCPA defendants in similar cases recently. To Javitch’s credit he conceded Puja had crushed him and was good natured about the case–bringing it up himself to draw the sting.

Was also very interesting to hear his thoughts about the election and the new one-to-one rule (likely) going into effect in January.

You definitely won’t want to miss the interview. Before we get there, however, we breakdown a few big developments:

First, what is going on with these bad rulings? Humana and Millennia Tax relief were just hit with terrible (and very short) rulings that leave one wondering if courts are really paying attention to TCPA cases right now.

Second, Domino’s Pizza is allegedly using AI technology to field inbound calls without consent of the consumer. The problem? Allegedly Conversenow–the vendor providing the AI platform– is apparently able to listen in/receive information about the call in real time. IF this is true it is a massive problem under CIPA and might lead to huge damages ($5k a website visit!) The Dame explains.

Third, DoorDash is sued in ANOTHER big TCPA suit alleging over 500 prerecorded calls sent to a consumer without consent. Eesh. But is there any truth to the allegations? The Czar discusses with Tammana.

Fourth– the big one– Dawson v. Porch. Three corporate officers of Porch are sued for millions (billions?) in a TCPA suit involving over 100 plaintiffs who allegedly received b2b messages. The stinging threat of personal TCPA liability cannot be emphasized enough!!

Its a huge podcast and a great one to relax to and pass those long winter nights with a bit of egg nog!

Enjoy!

Chat soon everyone.