Recall Robocalls Were for ‘Emergency’ Purposes Allowed Under TCPA, Says FCA

The parties in Carlos Delgadillo’s Jan. 7 class action against FCA US for the automaker’s alleged Telephone Consumer Protection Act violations (see 2401090001) anticipate 14 months will be required to complete discovery, after which plaintiff Delgadillo will move for class certification, said their joint case management report and discovery plan Monday (docket 2:24-cv-10039) in U.S. District Court for Eastern Michigan in Detroit. Delgadillo anticipates the disposition of his motion for class certification “will significantly impact the scope and timing of trial,” said the report. FCA, which does business as Stellantis North America, anticipates moving for summary judgment before class certification, it said. Delgadillo alleges that FCA violates the TCPA by making prerecorded voice calls to persons without consent, including after people requested that the calls stop, said the report. FCA responds that while it’s still investigating Delgadillo’s allegations, “the calls forming the basis of the claims appear to have pertained to an ongoing motor vehicle safety recall of airbag inflators that could rupture and launch metal fragments inside a vehicle,” it said. Those communications to Delgadillo thus constituted calls made for an “emergency purpose” that can’t support any claim under the TCPA, it said.