October 27, 2021

Volume XI, Number 300

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October 27, 2021

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TCPA TRAP?: Mortgage Company Caught in DNC Case Despite Complying With 30 Day CFR Limit

It's been a slow week so I’m glad to have a quick and interesting case to report on for you.

As most of you know, 47 CFR Section 64.1200(d)(3) affords callers a “reasonable” time to execute on a DNC request. The statute provides that “reasonable” may not “exceed thirty days from the date of such request.”

Most folks would “reasonably” read this to mean the caller has 30 days to stop calling.

Well in Delgado v. eMortgage Funding, LLC Civil Action No. 21-CV-11401 2021 U.S. Dist. LEXIS 196785 (E.D. Mich.  October 13, 2021) the Court disagreed. In its view, the 30-day limit was the outside limit of reasonableness, but failing to stop calls in less than 30 days might also be “unreasonable” depending on the facts and circumstances.

In Delgado the Plaintiff allegedly received 4 calls within 14 days after asking for calls to cease. While the court reserved the issue of whether that was “unreasonable” it refused to determine at the pleadings stage that the eMortgage per se acted “reasonably.”

So keep this in mind. Even though the regs seem to give you 30 days you may actually have less time. Yet another trap for the unwary in the TCPAWorld.

© Copyright 2021 Squire Patton Boggs (US) LLPNational Law Review, Volume XI, Number 287
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About this Author

Eric Troutman Class Action Attorney
Of Counsel

Eric Troutman is one of the country’s prominent class action defense lawyers and is nationally recognized in Telephone Consumer Protection Act (TCPA) litigation and compliance. He has served as lead defense counsel in more than 70 national TCPA class actions and has litigated nearly a thousand individual TCPA cases in his role as national strategic litigation counsel for major banks and finance companies. He also helps industry participants build TCPA-compliant processes, policies, and systems.

Eric has built a national litigation practice based upon deep experience, rigorous...

213-689-6510
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