Loandepot sued for pesky telemarketing calls

A consumer is suing mortgage lender Loandepot for an alleged onslaught of live and pre-recorded telemarketing calls.

Robert Hubble, resident of Lake George, Michigan, claims that from March 27 to April 24 at least 48 calls were received from Loandepot soliciting him with mortgage services.  

Hubble says the calls were "were annoying and a nuisance, and wasted [his] time." He is asking a Michigan federal court to certify his suit as a class action.

The accusations describe actions that are a violation of the Telephone Consumer Protection Act, which prohibits such calls if a consumer requests not to be contacted, the complaint states. 

Loandepot did not immediately respond to a request for comment.

Hubble made numerous efforts to express his disinterest in Loandepot's mortgage services and loan products, he said. Despite this, the calls continued. 

The plaintiffs privacy was improperly invaded and the "calls temporarily seized and trespassed upon the use of [the proposed classes] phones, and they were forced to divert attention away from other activities to address the unwanted calls," the suit reads.

TCPA, enacted in 1991, prohibits calls to a cellular telephone using an automatic telephone dialing system or an artificial or prerecorded voice without the prior express consent of the called party. Fines for such calls range from $500 and go up to $1,500 per violation. 

For the 48 calls received, Hubble could be entitled to either $24,000 or a maximum of $72,000 depending on whether "LoanDepot's actions are found to be knowing or willful," the suit said.

Other lenders including, Rocket Mortgage and Cardinal Financial, have been accused of similar practices. Settlements of such cases have been hefty.

Last year, Cardinal Financial agreed to dole out $7.2 million to settle a class-action lawsuit arising from alleged violations of the TCPA. Approximately 141,049 members were included as part of the lawsuit. Meanwhile, in 2022, real estate company Keller Williams agreed to pay $40 million to settle a case after it was accused of making unsolicited calls to consumers on the Do Not Call Registry. 

Americans on average received around 3.34 billion robocalls in December 2023, amounting to about 17 spam calls for every person in the country, according to spam call blocking app Robokiller.

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