Another One Goes Awry: Latest Case to Reject Creasy Comes from the Same Court as Lindenbaum
I just reported yesterday on the Appellant’s opening brief filed in the HUGE Lindenbaum appeal.
Well today the stakes just went up. Another judge within the N.D. Oh.—the same court that decided Lindenbaum—has just ruled that the TCPA was not unconstitutional after all. The case is Less v. Quest Diagnostics, Case No. 3:20 CV 2546, 2021 U.S. Dist. LEXIS 14320 (N.D. Oh. January 26, 2021.
So you have two judges in the same building make different rulings on a critical issue. Welcome to TCPAWorld folks.
The Court in Less held that the government-backed debt exemption as void from the start by virtue of the Supreme Court’s ruling in AAPC—the same argument Appellant just made to the Sixth Circuit in Lindenbaum. Since the exemption was void—the argument goes—the TCPA was never actually unconstitutional to begin with.
Overall the score is now 6-3 against Creasy. The tide has really turned from December when the score was 3-0 in favor of the TCPA being unconstitutional when the Archduke won the huge Hussain case.
More to come on this.