LoanDepot Denies It Willfully and Knowingly Violated TCPA, Says Its Answer
LoanDepot denies “each and every allegation” in Lee Abrahamian’s July 24 amended Telephone Consumer Protection Act class action, said its answer Wednesday (docket 2:23-cv-00728) in U.S. District Court for Arizona in Phoenix. Abrahamian alleges he listed his cellphone number with…
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the national do not call registry in October 2007, yet loanDepot phoned him repeatedly without his consent, encouraging him to purchase a home equity loan. But the plaintiff lacks Article III standing to bring his action and to represent any purported class because he didn’t suffer an injury-in-fact as a result of loanDepot’s alleged conduct, said its answer. The imposition of statutory damages under the TCPA against the company would violate the Constitution's due process provisions, it said. Abrahamian’s lawsuit isn’t maintainable as a class action because the proposed classes don’t satisfy the requirements for class certification under Federal Rule of Civil Procedure 23, it said. The damages the plaintiff seeks on behalf of the purported class can’t be recovered “without specific proof by each purported class member that he or she has been injured,” it said. LoanDepot didn’t willfully or knowingly contact Abrahamian on the phone number at issue without prior express consent, said its answer. To the extent that there was any violation of the TCPA, which loanDepot denies, the company shall be liable for no more than a $500 penalty, as it “denies that it willfully and knowingly violated the TCPA,” it said.