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HERE IT IS: The FULL EPISODE of Deserve to Win (Ep. 6)-the CIPA episode– w/ Josh Swigart [VIDEO]

What a profile. This guy could be president one day. Could imagine his face on a coin.

So usually I would drag this out and promote it a bit more but it just took us WAY too long to get this thing out so I am going to skip to the punchline!

You saw some great snippets from the interview with Josh on Friday but now you get the full episode. (You see how giving the Czar is?)

So for those of you who don’t know him. Josh Swigart is a LONG TIME TCPA world denizen and he essentially invented the TCPA class action along with his former partner–we discus that–Abbas Kazerounian.

In fact, Josh was the VERY FIRST lawyer I ever litigated a TCPA class action against. If it wasn’t for him returning a call for me I may never have become the Czar (check this clip for the story):

And naturally, Josh and I spent a lot of time walking down memory lane in this episode, talking about the old time players and some big case developments. For anyone interested in understanding how TCPAWorld came to be–this is a great primer for you.

But forget the past, we’re all about the future around here. And Josh and I discuss THE FUTURE–which is data privacy and wiretap lawsuits (particularly CIPA.)

For those who don’t know, the courts are on the fence about whether or not recording information about web session visits by online consumers might constitute “wiretapping.” If it does some state statutes–including California’s Invasion of Privacy Act–allow private rights of action with MASSIVE statutory penalties of up to $5k per web visit. That means damages in these cases can range into the TRILLIONS of dollars (unlike the mere multi-billion dollar cases Troutman Firm deals with day in and day out.)

You can see why this is attractive to the Plaintiff’s bar, and why I am so keen to make sure my fanbase is aware of these developments.

And, yes, we have discussed CIPA before –but more was needed.

So the TCPAWorld team got together and declared Episode 6 to be the official “CIPA Episode.”

In this INCREDIBLE episode we break down:

  1. A general overview of CIPA and wiretap statutes and how they apply to web sessions and consumer website visits;

  2. A discussion of the hot trend of chat bot communications triggering claims;

  3. A broader discussion of call recording laws and how they intersect with the new wiretap claims;

  4. A practical discussion of how website operators can avoid liability;

  5. The change in Pennsylvania law expanding that state’s MASSIVELY important web session and data recording law; and then

  6. The BIG interview–Josh explains why his focus is now almost entirely on CIPA and wiretap cases. You CANNOT AFFORD TO MISS THIS.

No other law firm has offered this level of coverage (that I am aware of at least) on this critical topic so you really MUST watch Deserve to Win Ep 6.



© 2023 Troutman FirmNational Law Review, Volume XII, Number 318

About this Author

Eric Troutman TCPA Lawyer Troutman Law Firm Orange County, CA

Eric J Troutman is known as one of the country’s prominent class action defense lawyers and is nationally recognized in Telephone Consumer Protection Act (TCPA) litigation and compliance. He has served as lead defense counsel in more than 70 national TCPA class actions and has litigated nearly a thousand individual TCPA cases in his role as national strategic litigation counsel for major banks and finance companies. Eric also helps industry participants build TCPA-compliant processes, policies, and systems.

Eric's perspective allows him to...