Quinones

Quinones v. Ocwen Loan Servicing, LLC

Good Law
282 F. Supp. 3d 1207
United States District Court, Central District of CaliforniaOctober 16, 2017Case No. 17–03536 DDP–PLAxCalifornia2,577 words

Opinion

Lead Opinion

Pregerson, J.

*1209 Presently before the court is Defendant's Motion to Dismiss. Having considered the parties' submissions, the court adopts the following Order.

I. BACKGROUND

Plaintiff Richard Quinones ("Quinones") allegedly incurred debts from Defendant Ocwen Loan Servicing, LLC ("Ocwen"). (Second Amended Compl. ("SAC") ¶ 18.) Between April 4, 2011 and June 9, 2016, Ocwen called Quinones' cellphone using an automatic telephone dialing system ("ATDS") in attempts to collect the alleged debt. ( Id. ¶ 19.) When Quinones answered the calls, there would often "be silence with a click or a beep-tone, before a representative would pick up and start speaking." ( Id. ¶ 21.) On other occasions, the caller was a recorded voice or message. ( Id. ¶ 22.) In total, Quinones received at least 1,053 calls. ( Id. ¶ 23.)

Quinones alleges he did not provide express consent to receive calls from Ocwen. ( Id. ¶ 26.) Furthermore, Quinones states he revoked any type of prior express consent, if it ever existed, by picking up the calls and stating on several occasions that he no longer wished to be contacted. ( Id. ¶ 27.) Quinones alleges the calls continued for at least one year after the revocation. ( Id. ¶…

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