LoanDepot’s Bid for Summary Dismissal ‘Not Well-Taken,’ Says TCPA Plaintiff
Defendant loanDepot’s Aug. 7 motion to dismiss plaintiff Lee Abrahamian’s first amended Telephone Consumer Protection Act complaint for failure to state a claim (see 2308080041) ignores Abrahamian’s “well-pled factual allegations,” said Abrahamian’s response Friday (docket 2:23-cv-00728) in U.S. District Court…
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for Arizona in Phoenix in opposition. Abrahamian’s allegations “plausibly demonstrate” the calls and “follow-on” text message loanDepot placed and sent to his phone telephone solicitations, said his opposition. LoanDepot’s argument the TCPA requires Abrahamian to have personally registered his phone number with the national do not call registry “is also several times misplaced and against the great weight of authorities to have addressed the issue,” it said. For those reasons, loanDepot’s bid for summary dismissal “is not well-taken and should be denied,” it said. Abrahamian’s phone number has been registered with the DNC registry since October 2007, it said. Abrahamian didn’t provide the number to loanDepot, nor did he provide consent or give permission to loanDepot to receive phone calls or text messages for any purpose, including for purposes of soliciting mortgage loans, it said. He didn’t make an inquiry with loanDepot for a home equity loan or any other product or service, and he didn’t have “an established business relationship” with loanDepot.com, it said. Notwithstanding those facts, loanDepot.com placed several solicitation and marketing calls and sent a text message to Abrahamian’s phone number for the purposes of encouraging him to take a home equity loan and to market its other mortgage products and services, it said. LoanDepot placed the marketing calls and sent the text message to Abrahamian willfully, knowing it didn’t have his consent or permission, and knowing his phone number is on the DNC registry, it said.