Judge Orders Dec. 15 Jury Selection in TCPA Suit vs. LoanDepot

Jury selection will begin Dec. 15 in the trial of pro se plaintiff Mabel Arredondo’s allegations that loanDepot inundated her with at least 18 unauthorized automated text messages in a three-month period in violation of the Telephone Consumer Protection Act (see 2210250045), said a trial preparation order signed Friday by U.S. District Judge Kathleen Cardone for Western Texas in El Paso. LoanDepot’s defenses rest partly on its assertions that application of the TCPA, as interpreted by the FCC, violates the First Amendment “because such application relies upon content-based restrictions of protected speech” (see 2212200014). The defendant also said the TCPA is “unconstitutionally vague because the restrictions imposed by the TCPA do not give a person of ordinary intelligence adequate notice of the conduct that is prohibited.”