TCPA Win! Calls made more than four years before case filed dismissed as untimely

Today we report on a defense victory against a pro se TCPA plaintiff in Kentucky.  See Miller v. I.C. Sys., No. 1:19-CV-00102-GNS-HBB, 2021 U.S. Dist. LEXIS 214012 (D. Ken. Feb. 4, 2021).

The facts of the case are fairly typical: Corey Miller sued I.C. Systems, Inc., alleging that I.C. Systems violated both the FDCPA and the TCPA.  Specifically, Mr. Miller alleged that the company “made numerous phone calls to his cell phone as part of” its business “as a debt collector seeking to collect on a personal and household debt.”

Unfortunately for Mr. Miller he waited too long to sue.  That is, Mr. Miller did not present any evidence to contradict I.C. Systems’ records showing the last call to him occurred in June 2015.  And the statute of limitations for TCPA claims is four years–the “catchall” limitations period under federal law.  28 U.S.C. 1658(a).  Accordingly, Mr. Miller’s pro se suit filed on August 5, 2019 was untimely, the District Court properly held.

So there it is. A straightforward victory on statute of limitations grounds saves a TCPA defendant the continued headache and risk of TCPA litigation.

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