February 2024 Jury Trial Seen in Texas TCPA Suit vs. loanDepot

A jury trial would open Feb. 12, 2024, on plaintiff Mabel Arredondo’s allegations that loanDepot violated the Telephone Consumer Protection Act, said a proposed scheduling order filed Thursday (docket 3:22-cv-00374) in U.S. District Court for Western Texas in El Paso. Arredondo alleges loanDepot inundated her with at least 18 unauthorized automated text messages to her personal cellphone from July 26 and until the day she filed her complaint Oct. 21 (see 2210250045). LoanDepot answered her complaint Dec. 19, alleging the TCPA, as interpreted by the FCC, violates the First Amendment “because such application relies upon content-based restrictions of protected speech” (see 2212200014). It also argued the statute is “unconstitutionally vague” because the restrictions imposed by the TCPA don't give a person of ordinary intelligence adequate notice of the conduct that's prohibited. The proposed scheduling order gives a Dec. 18 deadline for completing all discovery.