Maybe so, but Rutgers has a better legal argument to avoid a surcharge because of TCU. No penalty was applied.
Sure, you can make the argument that they never played a game in the league, but they were members and signed the contract. The Big East acted with discretion in waiving the fee, but they were probably legally entitled to it.
I'm not saying Rutgers is going to get off, in part because the Big East doesn't have a $50M exit clause. If the Big East did, Rutgers would have a better chance than Maryland of reducing or overturning it, because of how the Big East has treated teams differently who left the conference in the past few years. One was let out altogether, one went to court and paid extra to leave the very next season, two others paid a little less extra to leave after 1 more season, and right now for the Big East to try to hold anyone to 27 months in the current state of college conference affiliations is maybe the worst part of the exit conditions.