December 6, 2022

Volume XII, Number 340


December 05, 2022

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CREASY DEFENSE EVAPORATES: Caller Loses Creasy Issue to TCPA Plaintiff it Already Beat on the Same Issue on the Same Claim in a Different Court

So how dead is the Creasy argument right now?

I’ll tell you how dead.

Two people walk into a federal court and file a TCPA suit against a company in a lawsuit.

One of those people–some guy named Creasy— gets his case dismissed on the grounds that the TCPA is unconstitutional.

The other person’s case is also dismissed but she lives in a different state. So she re-files the same case in a different court against the same company.

The company moves to dismiss the suit citing Creasy–a case that literally involved the same argument, the same calls and the same Plaintiff. But the new court shrugged and refused to apply Creasy and then decided that the TCPA was constitutional as to the calls to the Plaintiff, after all.

So the same company got sued by the same person twice for the same calls. The first court found that the suit could not be brought. The second court went ahead and let the case proceed because it didn’t like the Creasy ruling and thought it was wrongly decided.

The same company can’t use the Creasy argument against the same Plaintiff that it literally already beat on the same issue on the same claim in the actual original Creasy case. 

That’s how dead Creasy is.

And that’s how ridiculous TCPAWorld is.

Case is Hogans, No. 5:20-CV-566-D, 2021 U.S. Dist. LEXIS 182992 (E.D. N.C. Sept. 24, 2021).

I should note that Creasy might still find its way back to life–its a great argument, even if the courts are not lining up to apply it right now. We’ll keep an eye on it.

© 2022 Troutman FirmNational Law Review, Volume XI, Number 270

About this Author

Eric Troutman TCPA Lawyer Troutman Law Firm Orange County, CA

Eric J Troutman is known as 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. Eric also helps industry participants build TCPA-compliant processes, policies, and systems.

Eric's perspective allows him to...