Even debt collectors and businesses undertaking foreclosure actions must obey federal and state rules about placing telephone calls to consumers. The complaint for this class action alleges that Loandepot.com, LLC violated the Telephone Consumer Protection Act (TCPA) and the Florida Consumer Collection Practices Act (FCCPA) in placing telephone calls to a mortgage borrower.
The TCPA forbids businesses from placing non-emergency calls to consumer cell phones, using an automatic dialing system or an artificial or prerecorded voice, unless they have the consumers’ prior express written consent.
The FCCPA forbids anyone trying to collect a consumer debt from “[w]illfully communicat[ing] with the debtor … with such frequency as can reasonably be expected to harass the debtor…, or willfully engag[ing] in other conduct which can reasonably be expected to abuse or harass the debtor…”
Finally, the FCCPA forbids anyone trying to collect a consumer debt from communicating with the debtor if the party collecting the debt knows that the person is represented by counsel and knows or can readily find out the attorney’s name and address.
In this case, plaintiff Ted A. Whitsel got a mortgage from Loandepot.com in 2018. Loandepot.com claimed the loan was in default in August 2019. The following January, Loandepot.com filed a foreclosure action against Whitsel. After that time, the complaint alleges, Loandepot.com began making phone calls to Whitsel’s cell phone.
In late 2020, the complaint claims, Whitsel informed a company representative that he was represented by an attorney and that the company should thereafter only communicate with the attorney. Even after Whitsel’s counsel had communicated with Loandepot.com twice, the complaint alleges, the company still placed at least ten additional calls to Whitsel’s cell phone.
Three classes have been defined for this action:
The TCPA Class is all persons and entities in the US (1) to whose cell phones (2) Loandepot.com placed or caused to be placed at least one call (3) using an artificial or prerecorded voice, (4) between June 14, 2017 and the date of class certification in this case, (5) after the persons or entities had told Loandepot.com to stop calling their cell phones.
The FCCPA Revocation Class is all persons in Florida (1) to whom Loandepot.com placed or caused to be placed at least one call (2) between June 14, 2019 and the date of class certification in this case, (3) in connection with a consumer debt, (4) after these persons told Loandepot.com to stop calling their cell phones.
The FCCPA Representation Class is all persons in Florida (1) to whom Loandepot placed or caused to be placed at least one call (2) between June 14, 2019 and the date of class certification in this case, (3) in connection with the collection of a consumer debt, (4) after Loandepot.com had been told they were represented by counsel.
Article Type: LawsuitTopic: Privacy
Most Recent Case Event
Loandepot.com Calls to Debtor’s Cell Phone TCPA, FCCPA Complaint
June 14, 2021
Even debt collectors and businesses undertaking foreclosure actions must obey federal and state rules about placing telephone calls to consumers. The complaint for this class action alleges that Loandepot.com, LLC violated the Telephone Consumer Protection Act (TCPA) and the Florida Consumer Collection Practices Act (FCCPA) in placing telephone calls to a mortgage borrower.
Loandepot.com Calls to Debtor’s Cell Phone TCPA, FCCPA ComplaintCase Event History
Loandepot.com Calls to Debtor’s Cell Phone TCPA, FCCPA Complaint
June 14, 2021
Even debt collectors and businesses undertaking foreclosure actions must obey federal and state rules about placing telephone calls to consumers. The complaint for this class action alleges that Loandepot.com, LLC violated the Telephone Consumer Protection Act (TCPA) and the Florida Consumer Collection Practices Act (FCCPA) in placing telephone calls to a mortgage borrower.
Loandepot.com Calls to Debtor’s Cell Phone TCPA, FCCPA Complaint