September 24, 2021

Volume XI, Number 267

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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 25462021 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 AAPCthe 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.

© Copyright 2021 Squire Patton Boggs (US) LLPNational Law Review, Volume XI, Number 28
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About this Author

Eric Troutman Class Action Attorney
Of Counsel

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...

213-689-6510
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