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

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As you’d expect TCPAWorld.com 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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Published by Eric J. Troutman

The Czar of TCPAWorld Eric Troutman is 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. He also helps industry participants build TCPA-compliant processes, policies, and systems. Eric has built a national litigation practice based upon deep experience, rigorous analysis and extraordinary responsiveness. Eric and his team feel equally at home litigating multibillion dollar telecommunications class actions in federal court as they do developing and executing national litigation strategies for institutions facing an onslaught of individual TCPA matters. They thrive in each of these roles – delivering consistently excellent results – while never losing sight of the client experience. While many firms now tout TCPA expertise, Eric has been there from the beginning. He built one of the country’s first TCPA-only defense teams and began serving as national TCPA counsel for his clients nearly a decade ago. This perspective allows him to swiftly develop the right litigation strategies for dealing with recurring problems, without wasting time on tactics that are bound to fail. Eric’s rich historical perspective and encyclopedic knowledge of the TCPA landscape also make him an invaluable resource to institutional compliance teams struggling to comply with the shifting regulatory landscape. No task is too small – or too big. Indeed, Eric and his team have helped build TCPA-compliant systems and processes for some of the largest and most complex corporate entities in the country. He commonly works with in-house compliance counsel to build and implement enterprise and business-line specific TCPA solutions, performs TCPA audits and drafts and reviews proposed TCPA policies and procedures. He and his team also have the technical expertise necessary to assist call centers seeking to develop TCPA-resistant call path architecture or to modify existing telephony and software integration to better insulate from potential TCPA exposure. Eric has built a reputation for thought leadership. An avid blogger and speaker, he has been at the forefront of the industry’s effort to push for clarity and a return to sanity for the TCPA for years. He was selected to advocate for the financial services industry on important TCPA issues before the Federal Communications Commission and co-authored the nation’s only comprehensive practice guide on TCPA defense. In his spare time, Eric leads defense teams representing banks and other financial services companies in consumer finance litigation matters. He has experience representing clients in UCC, TILA, RESPA FCRA, CCRA, CLRA, FDCPA, RFDCPA and FCCPA claims, as well as in fraud and bank operations issues.

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