Magistrate Judge Is Asked for Report and Recommendation on Motion to Dismiss

U.S. District Judge Aileen Cannon for Southern Florida in Fort Pierce referred defendant loanDepot’s motions to dismiss plaintiff Zachary Sawicki's Telephone Consumer Protection Act second amended class action and to strike his class allegations (see 2306050005) to U.S. Magistrate Judge Ryon McCabe for a report and recommendation, said the Cannon’s text-only order Tuesday (docket 2:22-cv-14425). LoanDepot is seeking the dismissal of the “abandoned call” count in Sawicki’s complaint. Under the TCPA, a call is deemed abandoned if it’s not connected to a live sales representative within two seconds of the called person’s completed greeting.