LoanDepot Targeted With Second TCPA Complaint in as Many Months
LoanDepot began placing “voluminous” solicitation calls in November to the cellphone of Vero Beach, Florida, resident Zachary Sawicki, though he never gave the company his prior consent and despite listing his number on the national do-not-call registry, in violation of…
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the Telephone Consumer Protection Act and the Florida Telephone Solicitation Act, alleged his class action Friday (docket 2:22-cv-14425) in U.S. District Court for Southern Florida in Fort Pierce. His complaint lists as John Doe co-defendants third-party vendors and agents that loanDepot hired to place outbound marketing calls to consumers on its behalf. Despite Sawicki’s requests that loanDepot cease its calls, the company “continued pounding” his cell number with solicitation calls and voice mails, including five such calls on a single day, Nov. 29, said his complaint. The calls continued even after Sawicki pressed the pound key on his phone to opt out, per loanDepot’s instructions, it said. The complaint is the second known TCPA lawsuit against the company in as many months. The earlier action, filed Oct. 21 in U.S. District Court for Western Texas in El Paso, gained some recent notoriety when loanDepot became the latest TCPA defendant to challenge the statute’s constitutionality (see 2212200014). As in previous challenges, loanDepot asserts in the Texas case that the TCPA’s punitive or statutory damages provisions violate the due process clause of the 14th Amendment and the excessive fines clause of the Eighth Amendment.