A federal judge in Camden has ruled that two Telephone Consumer Protection Act suits against Freedom Mortgage Corp. should not be stayed while the Federal Communications Commission develops guidance on what constitutes an automated telephone dialing system under the statute.

The plaintiffs in the pair of cases have plausibly alleged that Freedom contacted them on their mobile phones, U.S. District Judge Jerome Simandle of the District of New Jersey said in his Aug. 2 rulings denying the defendant’s motions to dismiss. And the judge declined Freedom’s request to stay the litigation pending the FCC’s interpretation of what is or is not an automated telephone dialing system, finding that any such guidance from the agency would not be helpful during the current posture of the case.

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