Complaint vs. Student Loan Servicer Won’t Need Oral Argument, Says Judge

Educational Credit Management Corp.’s Feb. 1 motion to dismiss plaintiff Cynthia Lepur’s privacy complaint or alternatively to strike her class allegations (see 2302020029) “is suitable for determination on the papers and without need for oral argument,” said U.S. District Judge Anthony Battaglia for U.S. District Court for Southern California in a text-only order Thursday (docket 3:23-cv-00014). “Accordingly, no appearances are required and this motion is deemed submitted,” he said. Lepur alleges ECMC, a student loan servicer, recorded its phone conversations with her without her consent, in violation of the California Invasion of Privacy Act (see 2301050046). ECMC argues Lepur’s “contingency lawsuit” is her attempt to “nullify” the adverse outcome in a related class action, Reyes (Mahboob) v. ECMC, in which she’s a co-plaintiff.