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Magistrate Judge Sets Oct. 19 Hearing on LoanDepot’s Motion to Dismiss TCPA Suit

U.S. Magistrate Judge Ryon McCabe for Southern Florida in West Palm Beach scheduled an Oct. 19 hearing at 2 p.m. EDT via videoconference on defendant loanDepot’s motions to dismiss plaintiff Zachary Sawicki’s Telephone Consumer Protection Act second amended class action…

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and to strike Sawicki’s class allegations, said the judge’s paperless order Wednesday (docket 2:22-cv-14425). U.S. District Judge Aileen Cannon referred the motions to McCabe Tuesday for a report and recommendation (see 2310110037). LoanDepot is seeking dismissal of the “abandoned call” count in Sawicki’s complaint. Under the TCPA, a call is deemed abandoned if it’s not connected to a live sales representative within two seconds of the called person’s completed greeting.