Creasy is useless just about all over the place – TCPAWorld

Well, super busy day for me – just got back from 3 days at Medicarians and gotta work! – but wanted to give you a quick update on Creasy.

Ever since the Sixth Circuit ignited the dispute in Lindenbaum, the idea that TCPA is unenforceable for calls made between November 2015 and July 6, 2020 is essentially dead.

The only place where there is a The rest of life was in Texas because, well, Texas.

But yesterday, a Dallas judge issued a ruling that pierced Creasy’s heart:

The case is Williamson v. Irvine K Motor Co., 2022 WL 2053179, 3:21-CV-1599-L-BH (ND Tex. 06/07/2022). Court reasons:

The defendant argues that the court should follow the minority view that the entire robocall restriction was unenforceable “from the time the exception was passed until the Supreme Court ruled.” However, this position “is in stark contradiction to AAPC.” As noted, the Supreme Court found the TCPA’s sovereign debt waiver unconstitutional, but instead of removing the entire robocall restriction, it applied “traditional separability principles” and concluded that the right way forward was to “the Abolish the 2015 sovereign debt waiver.” and let the long-standing robocall restriction stand.” . It found that the statute contained a severability clause and stated that there was a presumption that “an unconstitutional provision in a statute is severable from the rest of the statute or the statute”. When an unconstitutional amendment is added to a valid statute, the “original preliminary amendment statute” is treated as a “valid expression of legislative intent.” ” ID card. For the unconstitutional amendment “is a nullity and therefore powerless to effect an amendment to existing law”. Because the 2015 amendment was an unconstitutional enactment, it was void ab initio and never law. … Defendant’s motion for Rejection on this basis will be rejected.

So yes, that seals the deal with Creasy I would say.

Also note how the court states that the exemption was NEVER law in the first place. That explains to a large extent the result that the Baroness has been talking about so much recently Skip trace certification rule…

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