TCPA Suit Dismissed for Violating Fictitious Party Pleading Rule
U.S. District Judge Aileen Cannon for Southern Florida in Fort Pierce signed an order Tuesday (docket 2:22-cv-14425) dismissing without prejudice plaintiff Zachary Sawicki’s Dec. 23 complaint accusing loanDepot of Telephone Consumer Protection Act wrongdoing (see 2212280004). The complaint “does not…
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meet the limited exception to the rule against fictitious party pleading,” said Cannon. The complaint listed John Does 1-10 as co-defendants, describing them as vendors loanDepot hired to place telemarketing calls to consumers on its behalf, but all counts in the complaint purport to be brought against loanDepot alone, she said. Cannon’s order granted Sawicki leave to file an amended complaint by Jan. 16.