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Iconic Mortgage Corp. Robocalls and Text Messages TCPA Class Action

It’s been nearly thirty years since Congress passed the Telephone Consumer Protection Act (TCPA), but companies still seem never to have heard of the law. The complaint for this class action alleges that Iconic Mortgage Corporation (IMC) made unwanted calls and sent unwanted text messages to consumers, including consumers who had registered their phone numbers with the National Do Not Call (DNC) Registry.

The complaint alleges that the number of unwanted robocalls has been increasing, despite the TCPA: “Industry data shows that the number of robocalls made each month increased from 831 million in September 2015 to 4.7 billion in December 2018—a 466% increase in three years.”

IMC, the defendant in this case, provides veterans and other consumers with mortgages. According to the complaint, it “maintains a call center that generates leads for its mortgage officers.”

The complaint claims, “As explained by the Federal Communications Commission (‘FCC’) in its 2012 order, the TCPA requires ‘prior express written consent for all autodialed or prerecorded [solicitation] calls to wireless numbers and residential lines,’ and for all calls to numbers registered on the DNC.” However, the complaint alleges, IMC does not obtain such prior express written consent before making its telemarketing calls.

The complaint quotes from IMC’s recruiting ads, which promise, for example, “all leads are provided from our contact center who handle the outbound dials for you[.]” The complaint alleges that IMC’s calls are made with the use of an autodialer.

The plaintiff in this case, Kirsten Correll, received some of these calls from IMC. While Correll did not answer the calls, blank voicemails were left, and Correll called the number associated with one and asked that the calls be stopped. IMC continued to call her, and she also received unwanted text messages, addressed to someone named Jeremiah.

Correll’s number had been on the National DNC list since February 2019.

Three classes have been defined for this action.

The Autodialed No Consent Class is all persons in the US whose cell phone number (1) IMC or someone acting on its behalf called or texted, between August 18, 2016 and the date of certification of the class in this case, (2) using the same dialing equipment used to call or text the plaintiff in this case, (3) from whom IMC claims that it obtained prior express written consent in the same manner as it obtained it from the plaintiff in this case, did not obtain such consent, or obtained the person’s cell phone number in the same way it obtained the cell phone number of the plaintiff in this case.

There is also a Do Not Call Registry Class and an Internal Do Not Call Registry Class, which are detailed on page 13 of the complaint linked to below.

Article Type: Lawsuit
Topic: Privacy

Most Recent Case Event

Iconic Mortgage Corp. Robocalls and Text Messages TCPA Complaint

August 18, 2020

It’s been nearly thirty years since Congress passed the Telephone Consumer Protection Act (TCPA), but companies still seem never to have heard of the law. The complaint for this class action alleges that Iconic Mortgage Corporation (IMC) made unwanted calls and sent unwanted text messages to consumers, including consumers who had registered their phone numbers with the National Do Not Call (DNC) Registry.

Iconic Mortgage Corp. Robocalls and Text Messages TCPA Complaint

Case Event History

Iconic Mortgage Corp. Robocalls and Text Messages TCPA Complaint

August 18, 2020

It’s been nearly thirty years since Congress passed the Telephone Consumer Protection Act (TCPA), but companies still seem never to have heard of the law. The complaint for this class action alleges that Iconic Mortgage Corporation (IMC) made unwanted calls and sent unwanted text messages to consumers, including consumers who had registered their phone numbers with the National Do Not Call (DNC) Registry.

Iconic Mortgage Corp. Robocalls and Text Messages TCPA Complaint
Tags: TCPA, Unsolicited Cell Phone Calls, Unsolicited Text Messages, Use of Automatic-Capable Dialer