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US Mortgage Corp. Telemarketing Calls TCPA Class Action

US Mortgage Corporation is in the business of providing home mortgage loans to consumers, or so the complaint for this class action believes. It also alleges that US Mortgage Corporation violates the Telephone Consumer Protection Act (TCPA), by placing unsolicited automated telemarketing calls to consumer cell phones.

When considering the TCPA, Congress was looking for some means of giving consumers a choice of how bill collectors and telemarketers may (or may not) contact them.

It found consumers had no easy means of getting rid of such calls, and that “[b]anning such automated or prerecorded telephone calls to the home, except when the receiving party consents to receiving the call or when such calls are necessary in an emergency situation … is the only effective means of protecting telephone consumers from this nuisance and privacy invasion.”

The plaintiff in this case, Thane Charman, received an automated call from US Mortgage on his cell phone, on or about February 13, 2020. When he picked up, he heard a prerecorded message, so he hung up.

The following day, he received another such call, from the same number. This time, he listened to the message, so that he would be able to identify the caller. The live person who eventually came on the line identified herself as “Tammy,” working for US Mortgage Corporation. She also gave Charman the company’s web address.

The complaint alleges that Charman “was confused as to why he had received pre-recorded solicitation calls from [US Mortgage] because [Charman] had no prior business relationship or contact with [US Mortgage].” He claims he never gave the company his phone number.

The complaint alleges that the two calls to Charman were placed through the use of an automatic telephone dialing system and an artificial or prerecorded voice, two things that are prohibited under the TCPA. Also, it says, the point of the calls was to get Charman to use the company’s home mortgage services, making them “advertisement” or telemarketing calls.

Furthermore, the calls were directed to Charman’s cell phone, meaning he incurs a charge for each call received. The calls were not for emergency purposes.

A class and a subclass have been defined for this action.

  • The class is all persons in the US who received an automated call placed to their cell phones by US Mortgage, its employees, or its agents, using the same equipment used to call Charman, between February 19, 2017 and February 19, 2021.
  • The subclass is all persons in the US who received an automated call placed to their cell phones by US Mortgage, its employees, or its agents, which featured an artificial or prerecorded voice message, between February 19, 2017 and February 19, 2021.
Article Type: Lawsuit
Topic: Privacy

Most Recent Case Event

US Mortgage Corp. Telemarketing Calls TCPA Complaint

February 19, 2021

US Mortgage Corporation is in the business of providing home mortgage loans to consumers, or so the complaint for this class action believes. It also alleges that US Mortgage Corporation violates the Telephone Consumer Protection Act (TCPA), by placing unsolicited automated telemarketing calls to consumer cell phones.

US Mortgage Corp. Telemarketing Calls TCPA Complaint

Case Event History

US Mortgage Corp. Telemarketing Calls TCPA Complaint

February 19, 2021

US Mortgage Corporation is in the business of providing home mortgage loans to consumers, or so the complaint for this class action believes. It also alleges that US Mortgage Corporation violates the Telephone Consumer Protection Act (TCPA), by placing unsolicited automated telemarketing calls to consumer cell phones.

US Mortgage Corp. Telemarketing Calls TCPA Complaint
Tags: TCPA, Unsolicited Cell Phone Calls, Use of Automatic-Capable Dialer, Use of artificial or pre-recorded voice