Whether the lawsuit is actually frivolous is irrelevant to a motion to dismiss under the TCPA. While the Act was not 128 Supra, Section III.D.2.ii. -23-4180725.2 enacted to legalize illegal activity, or to provide a safe harbor for violations of Texas law, it may have this unintended consequence.129 Abuse of anti-SLAPP statutes has been reported in other states, such as Maine and California.130 A