in Newswire Published on October 6, 2022

LoanDepot Hit with Class Action Over Alleged Automated Calls

Smith V. Loandepot, Inc.

Filed: October 3, 2022 ◆§ 2:22-cv-01674-GMS

A class action alleges loanDepot has failed to secure permission before using an artificial or prerecorded voice to place calls to consumers’ cell phones.

Defendant(s)

LoanDepot.com, LLC

Law(s)

Telephone Consumer Protection Act

State(s)

Arizona

A proposed class action alleges loanDepot has failed to secure permission before using an artificial or prerecorded voice to place non-emergency calls to consumers’ cell phones.

The 11-page lawsuit alleges the plaintiff received at least 10 calls in June 2022 from loanDepot regarding a mortgage application he was not involved with. The complaint asserts that messages left by the company were read by an artificial or prerecorded voice and were intended for someone else.

According to the suit, the automated, misplaced, and non-emergency nature of the calls violates the Telephone Consumer Protection Act, which explicitly prohibits “any telephone call to any residential telephone line using an artificial or prerecorded voice to deliver a message without the prior express consent of the called party, unless the call is initiated for emergency purposes.”

Per the complaint, loanDepot placed the phone calls at issue with the intent of reaching someone named Peter Marshall, which is neither the plaintiff’s name nor the name associated with the man’s phone number. LoanDepot repeatedly left messages, including the following, that did not pertain to the plaintiff, the case alleges.

“Hi, this is Savannah from loanDepot with some great news regarding your recent mortgage refinance application. If you’re no longer interested in mortgage information please press pound to opt out, or call us at 866-965-9011. We are missing just a few pieces of critical information necessary and getting you fully approved and it will only take a few minutes of your time. I will be here until 8 PM Pacific time to assist you so please call me back at 866-965-9011. Again that number is 866-965-9011. I know we can provide you with the lowest rates available. And I look forward to hearing from you soon. Have a great day."

The plaintiff claims to have never applied for a loan or requested information from loanDepot. Further, the plaintiff contends that they never gave the company their number and did not consent to be contacted by loanDepot.

As the case tells it, the plaintiff “suffered an invasion of privacy, an intrusion into his life, and a private nuisance” because of loanDepot’s alleged calls.

The lawsuit looks to represent the following class:

“All persons throughout the United States (1) to whom loanDepot, Inc. placed, or caused to be placed, a call, (2) directed to a number assigned to a cellular telephone service, but not assigned to a loanDepot, Inc. loanholder, or person who submitted or authorized the submission of the telephone number to loanDepot, Inc., (3) in connection with which loanDepot, Inc. used an artificial or prerecorded voice, (4) from four years prior to the filing of this complaint through the date of class certification.”

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