LoanDepot: Plaintiff Can’t Show She Personally Listed Her Number on DNC Registry
None of the multiple reasons that plaintiff Jenice Clouse cites in her April 2 opposition to loanDepot’s March 6 motion to dismiss her Telephone Consumer Protection Act claims (see 2404030037) is “persuasive,” and they all should be rejected, said loanDepot’s…
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reply Wednesday (docket 8:23-cv-02720) in U.S. District Court for Middle Florida in Tampa in support of its motion to dismiss. Clouse's complaint alleges she began receiving calls on her cellphone from loanDepot in June, attempting to reach an unknown person named Elizabeth to solicit her to apply for a home mortgage loan. Clouse asserts the calls were unlawful, partly because her number has been listed on the national do not call registry for some time. Of loanDepot’s contention that only individuals who have personally listed their numbers on the DNC registry can claim protection under the TCPA, Clouse’s opposition asserts that the argument “blatantly disregards” the broader purpose of the TCPA “to protect consumers from unwelcome telephonic intrusions.” But loanDepot replied Wednesday that Clouse hasn’t alleged facts “giving rise to an inference that she personally registered her number,” and the court should decline her invitation “to make unsupported assumptions to that effect,” it said. Though Clouse suggests that she need not personally have listed her number on the DNC registry to claim the TCPA’s protections, “the plain language of the regulation forecloses this argument,” it said.