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At issue is Defendant optimum Title Loans LLC’s movement to Dismiss

At issue is Defendant optimum Title Loans LLC’s movement to Dismiss

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Sean McCullough, Plaintiff, v. Optimum Title Loans LLC, Defendant.

Honorable John J. Tuchi United States Of America District Judge

PURCHASE

(Doc. 17, Mot. ), to which Sean that is plaintiff McCullough a reaction (Doc. 18, Resp. ), and Defendant filed an answer (Doc. 20, Answer).

We. BACKGROUND

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