SAN FRANCISCO – A Mountain View consumer alleges a Foothill Ranch home mortgage and loan refinancing company has called her numerous times without consent.

Rebecca Rubenstein filed a complaint individually and on behalf of all others similarly situated on Sept. 30 in the U.S. District Court for the Northern District of California against Loandepot.com LLC alleging violation of the Telephone Consumer Protection Act.

According to the complaint, the plaintiff alleges that on June 22, 2015, she started receiving calls from defendant using an artificial or pre-recorded voice without first obtaining her prior express written consent. The suit states the defendant continued to call plaintiff on her cellphone despite her numerous requests to opt-out of receiving further telemarketing calls. As a result, she alleges was caused to incur cellular telephone charges and suffered invasion of privacy, harassment and annoyance. 

The plaintiffs hold Loandepot.com LLC responsible because the defendant allegedly contacted class members without prior express consent and utilized the unlawful use of an autodialer or artificial voice.

The plaintiffs request a trial by jury and seek judgment against defendant, actual and statutory damages, injunctive relief, interest, attorneys’ fees, court costs and further relief as the court deems just. She is represented by Daniel M. Hutchinson of Lieff Cabraser Heimann & Bernstein LLP in San Francisco and Shanon J. Carson and Arthur Stock of Berger & Montague PC in Philadelphia.

U.S. District Court for the Northern District of California Case number 5:16-cv-05588

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U.S. District Court for the Northern District of California
450 Golden Gate Avenue
San Francisco, CA 94102

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