I don't think this is a fair assessment. Whether their case is honest or not, trying the TCPA will be a given since it stands a chance to end a case much faster than bringing it to full trial, which in turn means lower legal fees. If someone sues me for defamation, even if I have an open-and-shut case that it's not, I'd still try the TCPA first just to try to get the damned thing over with as quickly and cheaply as possible. (And if I had magical defamation insurance, I'm sure my insurers would want to do the same.)