Summary
The United States District Court for the Eastern District of Michigan denied Equrra, LLC’s motion to dismiss a proposed class action alleging violations of the Telephone Consumer Protection Act. The court held that the plaintiff plausibly alleged unreasonable delays in honoring opt-out requests and that his telephone number was registered on the National Do Not Call Registry; prior express consent was treated as an affirmative defense.
Topics
Practice areas
Questions Presented
- Whether the amended complaint plausibly alleged that Equrra violated 47 C.F.R. § 64.1200(d) by failing to honor Smith's opt-out request within a reasonable time and by failing to maintain required do-not-call procedures.
- Whether the amended complaint plausibly alleged a violation of 47 C.F.R. § 64.1200(c)(2) and 47 U.S.C. § 227(c)(1) based on solicitation messages sent to a number allegedly registered on the National Do Not Call Registry.
- Whether Smith was required to plead the absence of prior express consent to state a TCPA claim.
Holdings
- The amended complaint plausibly alleged that Equrra failed to honor Smith's opt-out request within a reasonable time and failed to maintain required do-not-call procedures. Two alleged messages were sent after the 30-day period, making the delay per se unreasonable, while the reasonableness of the earlier message could not be resolved from the pleadings.
- The amended complaint plausibly alleged a claim under § 64.1200(c)(2) and 47 U.S.C. § 227(c)(1) by alleging that Smith registered his telephone number on the National Do Not Call Registry on or about June 18, 2011.
- Smith was not required to plead the absence of prior express consent because consent is an affirmative defense to TCPA liability rather than an element of the plaintiff's prima facie claim.
Key quotations
“Moreover, the complaint must “contain[ ] sufficient factual matter, accepted as true, to state a claim to relief that is plausible on its face.”” (Analysis § II.A)
“The reasonableness of a period less than 30 days cannot be determined from the pleadings alone.” (Analysis § II.B)
“consent is an affirmative defense that a plaintiff is not required to plead to assert a TCPA claim.” (Analysis § II.D)
Factual background
Smith alleged that Equrra used automated text messaging to promote its goods and services. He alleged that he opted out of Equrra's messages on September 10, 2024, received an automated confirmation, and nevertheless received additional solicitation texts on September 12, October 11, and November 11, 2024. He also alleged that his telephone number had been registered on the National Do Not Call Registry since approximately June 18, 2011.
Procedural history
Smith filed a proposed class action complaint alleging that Equrra sent unsolicited text messages, continued sending messages after he opted out, and contacted numbers listed on the National Do Not Call Registry. Smith filed an amended complaint, and Equrra moved to dismiss for failure to state a claim. After briefing and a hearing on October 15, 2025, the court denied the motion and ordered Defendant to answer within 21 days.