February 28, 2021

Volume XI, Number 59


February 26, 2021

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THE CLOCK IS TICKING: Huge TCPA Appeal to Sixth Circuit May Result in Biggest Decision of All Time– Here’s How YOU Can Help

As we’ve been reporting, the seesaw battle over the constitutionality of the TCPA following Creasy continues. And the stakes could not be higher. As I reported in our big 2020 TCPA review article:

Creasy held that all of the hundreds of billions of illegal robocalls made between 2015 and July 6, 2020 were no longer actionable under the TCPA. Since the TCPA affords a minimum of $500.00 in potential exposure for each call, the total exposure wiped away by Creasy in favor of robocallers of all types is at least in the hundreds of trillions of dollars. 

How big a number of that?

Well the entire domestic product OF THE EARTH in 2020 was $83.84 trillion. 

So, Creasy wiped away more debt than the entire value of everything everyone did last year combined– which also seems awkwardly appropriate.

I don’t know what’s more shocking– the fact that one district court judge could alter the financial landscape of the nation so profoundly with a single ruling, or that a single enactment could create such a ridiculously rich diamond mine of statutory damages to begin with.

Well the Lindenbaum decision–which was the first to follow Creasy–is now on appeal to the Sixth Circuit Court of Appeals and it is not hyperbole to say the decision may be the most financially impactful ruling in the history of American jurisprudence.


So what can you do to help?

Well the Sixth Circuit has Lindenbaum on a bit of a rocket docket and the Appellee’s brief is due due February 24. That means amicus briefs  are due 7 days later, so by March 3. If Creasy matters to you–and it does–you should consider submitting an amicus brief in Lindenbaum.

Of course, since Creasy impacts just about every American business you might want to do more than submit a mere amicus brief– how about intervening in your own name to directly protect your own interests? 

© Copyright 2020 Squire Patton Boggs (US) LLPNational Law Review, Volume XI, Number 18



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...