Unwanted Solicitation Calls from Mortgage Company Spur TCPA Lawsuit

A California woman recently filed a lawsuit accusing a mortgage company of making unwanted solicitation calls in violation of the TCPA, or Telephone Consumer Protection Act.

Plaintiff Jackie Winters alleges that Wyndham Capital Mortgage, Inc. began placing unwanted solicitation calls to her home phone number in November 2015. However, the TCPA lawsuit notes that Winters had her number added to the National Do-Not-Call Registry in July 2003.

Even with Winters’ number on the Do-Not-Call list, Wyndham Capital continued to attempt to contact the plaintiff from a variety of telephone numbers over the course of a year allegedly in violation of the TCPA.

On top of her own case, the plaintiff also filed on behalf of all others in a similar situation with Wyndham Capital. Proposed Class Members would include those on the National Do-Not-Call Registry who were contacted more than once by Wyndham Capital Mortgage without prior express consent.

Through this TCPA lawsuit, Winters is requesting $500 in statutory damages and $1,500 in treble damages for Wyndham Capital’s unwanted solicitation calls, as well as any other relief that the court agrees is appropriate.

TCPA Basics

The Telephone Consumer Protection Act, or TCPA, was introduced in 1991. The TCPA was intended to protect consumers from unwanted solicitation through technology.

The Telephone Consumer Protection Act has always focused on the placement of unwanted solicitation calls, or the use of an auto dialer or pre-recorded messaging system to contact consumers who have not given their explicit permission to receive such calls.

However, as new technology such as cell phones has emerged, the TCPA has further expanded to include SMS text messaging as well as traditional unwanted solicitation calls.

Reporting TCPA Violations

Reporting TCPA violations or filing a lawsuit over unwanted solicitation calls like this lawsuit claims can help force companies to comply with TCPA rules. Reports of such violations may also reward consumers with a set amount of award money per individual violation.

According to the Federal Communications Commission, or FCC, reports of TCPA violations are extremely common—indeed, the FCC received more than 215,000 individual TCPA complaints in 2014 alone.

If you have received unwanted solicitation calls from a company without having given prior express permission, or after placing your name on a federal Do-Not-Call telemarketer list, you may be in a position to receive compensation through a TCPA lawsuit.

A company that makes unwanted solicitation calls or texts in willful or knowing violation of the TCPA may be subject to larger penalties than those who did so unknowingly.

For instance, a call simply violating the TCPA can entitle the plaintiff to $500, but a violation made in willful or knowing violation of the TCPA can increase that award to up to $1,500, or triple the original award.

In order for your TCPA claims to be most effective, you will need proof of these violations. Keep messages and phone records of the unwanted solicitation calls placed to your phone.

The Unwanted Solicitation Calls Lawsuit is Winters v. Wyndham Capital, et al., Case No. 2:17-cv-01419-BRO-RAO, in the U.S. District Court for the Central District of California.

Join a Free TCPA Class Action Lawsuit Investigation

If you were contacted on your cell phone by a company via an unsolicited text message (text spam) or prerecorded voice message (robocall), you may be eligible for compensation under the Telephone Consumer Protection Act.

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