Iconic Mortgage Corporation Unwanted Calls and Texts TCPA Class Action

When the Telephone Consumer Protection Act (TCPA) was passed in 1991, American consumers were receiving more than 18 million telemarketing calls per day. By 2003, twelve years later, American consumers were receiving more than 104 million telemarketing calls per day. The complaint for this class action alleges that Iconic Mortgage Corporation (IMC) uses telemarketing to look for customers.

Plaintiff Kirsten Correll registered her phone number with the National Do Not Call (DNC) Registry in February 2019. In November of that year, she began receiving unsolicited calls from IMC. After the second call, on December 9, she returned the call and asked the agent she connected with to stop calling her.

On December 13, she received yet another call and again asked the agent for the company to stop calling her. Despite all this, she received three more calls that month and another two in February and April 2020. The latter two calls resulted in text messages, addressed to someone named Jeremiah, from a James Wilson who is a mortgage loan officer at IMC.

Correll, the complaint says, had never given IMC permission to contact her and had no previous relationship with the company.

Three classes have been defined for this action.

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

The Do Not Call Registry Class is all persons in the US who, between August 18, 2016 and the certification of the class in this action, (1) Iconic or someone acting on its behalf called more than one time (2) within a twelve-month period, (3) where the person’s phone number had been listed on the National Do Not Call Registry for at least thirty days, (4) for substantially the same reason Iconic called or texted the plaintiff in this case, and (5) for whom Iconic claims that it did not obtain prior express written consent, that it obtained it in the way it obtained it from the plaintiff in this case, or that it obtained the person’s cell phone number in the same way it obtained the number of the plaintiff in this case.

The Internal Do Not Call Class is all persons in the US who, between August 18, 2016 and the certification of the class in this action, (1) Iconic or someone acting on its behalf called or texted more than once in a twelve-month period, (2) for substantially the same reason Iconic called or texted the plaintiff in this case.

Article Type: Lawsuit
Topic: Privacy

Most Recent Case Event

Iconic Mortgage Corporation Unwanted Calls and Texts TCPA Complaint

August 18, 2020

When the Telephone Consumer Protection Act (TCPA) was passed in 1991, American consumers were receiving more than 18 million telemarketing calls per day. By 2003, twelve years later, American consumers were receiving more than 104 million telemarketing calls per day. The complaint for this class action alleges that Iconic Mortgage Corporation (IMC) uses telemarketing to look for customers.

Iconic Mortgage Corporation Unwanted Calls and Texts TCPA Complaint

Case Event History

Iconic Mortgage Corporation Unwanted Calls and Texts TCPA Complaint

August 18, 2020

When the Telephone Consumer Protection Act (TCPA) was passed in 1991, American consumers were receiving more than 18 million telemarketing calls per day. By 2003, twelve years later, American consumers were receiving more than 104 million telemarketing calls per day. The complaint for this class action alleges that Iconic Mortgage Corporation (IMC) uses telemarketing to look for customers.

Iconic Mortgage Corporation Unwanted Calls and Texts TCPA Complaint
Tags: Called Number on Do Not Call Registry, Failure to Place on Internal Do Not Call List, TCPA, Unsolicited Telephone Calls, Unsolicited Text Messages