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TCPA Plaintiff Asks Judge to Withdraw Her Show Cause Order for Failure to Prosecute

Carlos Delgadillo asked U.S. District Judge Nancy Edmunds for Eastern Michigan in Detroit to withdraw her Feb. 14 show cause order, said his response Wednesday (docket 2:24-cv-10039). The show cause order directed the plaintiff to explain why his Telephone Consumer…

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Protection Act class action against FCA US shouldn’t be dismissed for failure to prosecute (see 2402150004). But Delgadillo responded that the court entered an order Jan. 29 extending the time for FCA to respond to the complaint to March 15. 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, he alleges.