Mich. Judge Orders Plaintiff to Show Cause Why His TCPA Suit Shouldn’t Be Dismissed

U.S. District Judge Nancy Edmunds for Eastern Michigan in Detroit ordered Carlos Delgadillo to show cause in writing by Feb. 21 why his Telephone Consumer Protection Act class action against automaker FCA US shouldn’t be dismissed for failure to prosecute, said the judge’s signed order Wednesday (docket 2:24-cv-10039). Failure to respond may result in the case's dismissal, said the order. Delgadillo alleges that FCA violates the TCPA by placing prerecorded calls without consent to a group of individuals for whom the message isn't applicable and who requested not to receive the calls (see 2401090001). While calls designed to notify consumers about airbag recalls for their Chrysler cars are important, FCA is calling "a whole host of individuals who never owned a car that the recall is relevant to," including Delgadillo in this case, he alleges.