Sean McCullough, Plaintiff, v. Optimum Title Loans LLC, Defendant.
Honorable John J. Tuchi United States Of America District Judge
(Doc. 17, Mot. ), to which Sean that is plaintiff McCullough a reaction (Doc. 18, Resp. ), and Defendant filed an answer (Doc. 20, Answer).
May 1, 2018, Plaintiff obtained that loan from Defendant for $10,000. (Doc. 1, Compl. ¶ 9. ) Pursuant up to a funding contract regulating the mortgage (the “contract”), Plaintiff had been obligated to produce planned payments to Defendant utilizing the very first repayment due on June 30, 2018. (Compl. ¶ 11. )
Plaintiff alleges that Defendant made phone phone calls and delivered texts to their mobile phone wanting to gather in the loan just after the parties joined the contract. (Compl. ¶ 13. ) Whenever responding to the phone telephone calls, Plaintiff experienced a pause enduring a few moments and over over repeatedly said “hello” before being linked to a real time agent. (Compl. ¶ 16. ) Plaintiff asked that Defendant stop calling him because re payments beneath the Agreement are not yet due. (Compl. ¶ 17. ) Notwithstanding Plaintiff’s request, Defendant allegedly made at the very least thirty more phone calls to Plaintiff from multiple telephone numbers. (Compl. ¶ 18. )
In February 2019, Plaintiff filed a problem alleging that Defendant willfully and knowingly violated the phone customer Protection Act (“TCPA”). (Compl. Read more