In the case of TAYLOR v. BONIFACE-HIERS CYCLES INC.
D/B/A HONDA OF MELBOURNE, with the case number 6:25-CV-00005-PGB-LHP, filed on January 1, 2025, in Florida’s Middle District, the plaintiff, Taylor, has brought forth allegations against the defendant, Honda of Melbourne.
Taylor claims that, despite requesting to be added to the company’s internal Do Not Call (DNC) list on November 5, 2024, the company made three unsolicited calls to his residential phone.
The contentious calls occurred on November 23 and twice on November 30 of the same year.
Allegations and Legal Violations
As a result of this situation, Taylor has filed a lawsuit asserting that Honda of Melbourne violated DNC regulations outlined in 47 U.S.C. § 227(c) and 47 C.F.R. § 64.1200(d).
The essence of Taylor’s argument lies in the contention that the three telemarketing calls demonstrate a willful neglect of his opt-out request, alongside a failure by the company to adequately train its telemarketing personnel in compliance with established protocols.
Regulatory Context
Regulations currently mandate that companies must honor revocation requests promptly, with a maximum processing time of 30 days.
Since the disputed calls took place 18 and 25 days after Taylor’s opt-out request, he will need to present a case that this timeframe was unreasonably lengthy.
Additionally, starting April 11, 2025, revised rules will impose a stricter 10-day limit for processing such requests.
While these upcoming regulations are not yet in force, they might influence legal assessments surrounding the case.
Class Representation
Moreover, Taylor seeks to represent a class of individuals defined as follows: All people across the United States who received at least two marketing calls from or on behalf of the defendant regarding its products, services, or properties within a single year, after indicating a desire to opt-out by sending a “stop” message or a similar response, during the four years prior to this lawsuit and up until the date the class is certified.
Through this case, Taylor aims to hold Honda of Melbourne accountable for their actions and protect others who may have faced similar telemarketing practices.
Source: Natlawreview