Preserving Liability under the TCPA Post-Barr v. AAPC

Our regularly updated white paper available here.

Last updated: Dec. 2, 2020

Public Justice produced this paper in response to two district court decisions that, if applied more broadly, would do no less than eliminate liability for all Telephone Consumer Protection Act robocall violations that took place between 2015 and 2020. This paper explains why those two decisions—Lindenbaum v. Realgy, LLC in the Northern District of Ohio and Creasy v. Charter Communications, Inc. in the Eastern District of Louisiana—are not just wrong, but would unsettle the longstanding doctrine of severability. The decisions directly conflict with the Supreme Court’s decision in Barr v. AAPC and well-established principles that govern how courts should cure constitutionally defective statutes.