Mortgage Company Dodges Claim After Making 1,000 Phone Calls
Ocwen Loan Servicing LLC allegedly made over 1,000 phone calls to Plaintiff, Elizabeth Geismar without her consent and sought relief for negligence under the Telephone Consumer Protection Act. Ocwen filed to dismiss the claim stating a lack of standing to sue as she did not suffer any injury.
The U.S. District Court for the Northern District of California disagreed with Ocwen’s claim in that Plaintiff’s personal privacy was invaded from persistent phone calls and allowed the claim to proceed. The claim was later dismissed by the Court citing that the loan servicing company was not an active participant in the financed enterprise relating to Plaintiff’s loan, Defendant owed no duty of care to the Plaintiff