Judge’s Admonishment Sparks Amended TCPA Class Action in Fla.
Vendors of defendant loanDepot began placing “voluminous” marketing solicitation calls in November to plaintiff Zachary Sawicki’s cellphone, in violation of the Telephone Consumer Protection Act and the Florida Telephone Solicitation Act, said Sawicki’s first amended class action Monday (docket 2:22-cv-14425)…
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in U.S. District Court for Southern Florida in Fort Pierce. His amended complaint drops “John Does 1-10," representing third-party agents phoning Sawicki on loanDepot’s behalf, after U.S. District Judge Aileen Cannon dismissed the original complaint for violating court rules against fictitious party pleading (see 2301040005). LoanDepot hasn't answered Sawicki’s allegations, but it challenged the TCPA’s constitutionality when it answered an unrelated Texas complaint (see 2212200014).