A California judge granted
The plaintiffs, Ethan Allison and Mark Caloca, filed the initial complaint in June, but the judge ultimately agreed Sunday with UWM, who said the plaintiffs consented to the disclosure of the type of information raised in the complaint, after hearing the motion to dismiss less than three weeks ago.
Any second amended complaint is due within 30 days of the order.
The plaintiffs asserted 13 claims under federal and California law, including privacy statutes, negligence and contract breaches.
Customers of UWM, one of the largest mortgage lenders in the United States, use its platform to access their account, make payments and gain information related to mortgages and the mortgage-lending services that UWM offers. The plaintiffs alleged UWM used tracking technology to collect this information for its own use to market its services to third party websites, according to the court document.
Website users have no knowledge, "no control or warning over" the track or where their information goes, the plaintiffs said.
UWM uses a Terms of Use and a Privacy Policy to govern user-access of its website, which states that there are situations when user information is disclosed to third parties, but UWM does not share information with third-party companies for their marketing or promotional use and users have the right to request UWM disclose what personal information it collects, uses, discloses and sells. The plaintiffs admitted they entered into these contracts with the lender, the document said.
But both plaintiffs saw advertisements on Facebook and Google related to the private information they uploaded to UWM's website, and said they never would have allowed the lender to make their information available for sale on the resale market had they known its sharing practices.
Yet the court held that the plaintiffs did not allege sufficient facts showing a lack of consent or disclosures exceeding what they accepted.
This is the second set of
