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FCA Phoned Plaintiff 78 Times About Recall of a Car He Never Owned: Class Action

Automaker FCA US violates the Telephone Consumer Protection Act 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, alleged Mansfield, Texas, resident Carlos Delgadillo…

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in a class action Sunday (docket 2:24-cv-10039) in U.S. District Court for Eastern Michigan in Detroit. FCA places those calls to consumers to notify them about product recalls, per Delgadillo’s experience, said the complaint. While calls designed to notify consumers about air bag 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, it said. FCA continues to call these consumers “despite all of their best efforts” to opt out of these calls using FCA’s “own opt-out mechanisms,” or by calling FCA and speaking to a live agent demanding that the calls stop, it said. FCA’s unlawful conduct leaves consumers “in an endless doom loop of prerecorded calls they cannot exit from,” it said. Delgadillo alleges receiving 78 calls from FCA between May 15 and Dec. 26, often twice a day, including one call on Christmas Day, despite his multiple demands that the calls stop, said the complaint.