Its Suddenly 5-3 In Favor of the Bad Guys: Here’s Your Updated Creasy Scorecard for Those Wondering Whether the TCPA Is Still Enforceable

As you’d expect has been at the front of the pack breaking down the huge developments surrounding Creasy. Most recently, we broke the news of the pending Lindenbaum appeal that may solidify (or end) Creasy as a viable path to disrupting TCPA lawsuits stemming out of conduct prior to July 6, 2020.

But truthfully, the news has been fairly grim after a hot start. Indeed, the Archduke’s huge Creasy win late last year was the last positive development for TCPA defendants. Since that time the Plaintiffs’ bar has gone an impressive (and depressing) 5-0 against the argument.

Here’s the latest scoreboard:

  1. Cases holding the TCPA unconstitutional prior to July 6, 2020 (3): Creasy, Lindenbaum, and Hussain
  2. Cases holding the TCPA was constitutional even prior to July 6, 2020 (5): Abramson, Shen, Trujillo, Stoutt and now Rieker, Case No. 3:20cv5901-TKW-HTC, 2021 U.S. Dist. LEXIS 9133 (N.D. Fl. Jan. 5, 2021)

Rieker just got picked up by lexis today although it was decided in early January—and no one told me about it!(?)—but there isn’t much to the decision. Essentially the Court just adopts the “reasoning” in Trujillo and rejects Creasy outright. Notably the reasoning in Trujillo is pretty thin so there really are not any well-analyzed cases holding against Creasy to date.

5-3 isn’t great. We need another case or two going in favor of the good guys. The Squire team did its job—who can follow in our mighty footsteps?


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