April 20 Hearing Set on ECMC’s Motion to Dismiss Privacy Class Action
U.S. District Judge Anthony Battaglia for Southern California in San Diego set an in-person hearing for April 20 at 2 p.m. PDT on Educational Credit Management Corp.’s (ECMC) motion to dismiss plaintiff Cynthia Lepur’s privacy class action for failure to…
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state a claim, said Battaglia’s text-only order Thursday (docket 3:23-cv-00014). Lepur’s written opposition to the motion is due Feb. 16, ECMC’s reply brief Feb. 23, said the order. Sur-replies won't be accepted, it said. Lepur alleges ECMS, a student loan servicer, recorded its phone conversations with her without her consent, in violation of the California Invasion of Privacy Act (see 2301050046). ECMC’s motion to dismiss labels her complaint as “an improper attempt to step in and save an already-failed class action,” in defiance of binding case law and the first-to-file rule (see 2302020029).