Does “Do-Not-Call” Mean Do It Now? Plaintiffs Argue for Faster Opt Outs

Under the TCPA, businesses must honor internal “do-not-call” requests within a reasonable time, but no later than 30 days after the request. (Note: This changes to 10 days on April 11, 2025—see our post for details.)

Most courts view the 30-day period as a safe harbor, meaning that as long as a business complies within that window, it’s generally protected. But now, some plaintiffs argue that companies must honor these requests even sooner, based on what they consider “reasonable.”

Recent lawsuits claim that the “reasonable time” standard isn’t up to 30 days but instead depends on each individual’s circumstances. This argument, while novel at best and frivolous at worst, is forcing businesses to spend time and money defending cases in court. And some lawsuits are surviving the motion to dismiss stage.

The Million Dollar Question: Do You Have to Honor “Do-Not-Call” Requests in Less Than 30 Days?

Legally? Probably not—but you don’t want to chance it. The TCPA states that requests must be honored “within a reasonable time … [but] … not [to] exceed 30 days.” That suggests businesses are compliant as long as they act within that period.

Practically? YES. Many systems can process opt-outs instantly or within a few days. Consumers expect immediate action. If they still receive calls 29 days later, frustration (and lawsuits) can follow.

Class Certification Challenges: A Key Defense

Even if these lawsuits survive early dismissal, plaintiffs face a tough road in getting them certified as class actions. To certify a class, all members must be in the same situation. But if a “reasonable time” varies by the individual, that makes class treatment difficult. And we all know the real value in TCPA litigation is whether there is a good chance at class certification.

With the New 10-Day Rule Approaching, Is Your System Fast Enough?

Since the compliance window shrinks to 10 days in just a month, businesses should assess their internal systems now. Faster compliance reduces legal risk and improves customer satisfaction. Both of which are worth the effort.