Premier Mortgage Sends Consumers Thousands of Robocalls Without Consent, Class Action Lawsuit Claims

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Premier Mortgage uses an automated telephone dialing system to send thousands of robocalls to customers without their consent, violating their privacy and the Telephone Consumer Protection Act (TCPA), a new class action lawsuit alleges.

The nationwide class action lawsuit was filed in Michigan on June 2 by lead Plaintiffs Bertha McNulty and Bruno Cossu, who allege the mortgage provider owes them damages of $500 for each robocall, and $1,500 for each call that was made in knowing violation of the TPCA.

According to the claim, Premier Mortgage sent dozens of robocalls to McNulty and Cossu without their consent, and the company continued to call after being told to stop. The claim says that the company even charged some consumers for the robocalls.

McNulty says that she began receiving calls from the company on May 6, 2021, and told the company that day that she was not interested in the company’s products. Despite that, she received calls from Premier Mortgage on eight days between May 6 and 18.

“During one or more of these calls, Plaintiff McNulty noted that the call started with a long pause before an agent joined the line,” the class action lawsuit states. “During one or more of these calls, Plaintiff McNulty requested that Premier Mortgage stop calling.”

The claim says that McNulty’s lawyer also provided Premier Mortgage with a notice to stop calling, but Premier Mortgage went on to make more than 20 robocalls after receipt of counsel’s letter.

McNulty’s telephone number had also been registered with the National Do Not Call Registry for more than 30 days prior to Premier Mortgage’s first call to her.

Cossu had a similar experience to McNulty, according to the claim, whereby he began receiving incessant robocalls from Premier Mortgage marketing their products or services.

The calls started on April 27, 2021, when Cossu received five calls, including at least two during which he advised Premier Mortgage that he was not interested in their products or services, the class action lawsuit states. Notwithstanding, Premier Mortgage continued to call Cossu, including on April 28, 29, and 30.

The claim says that McNulty and Cossu, and all members of the Classes, have been harmed by the acts of Premier Mortgage, “because their privacy has been violated, they were annoyed and harassed, and, in some instances, they were charged for incoming calls.”

“Plaintiffs and the Classes’ Members were also harmed by use of their cell phone battery and the intrusion on their cellular telephone that occupied it from receiving legitimate communications.”

The TCPA prohibits the use of automated telephone dialing systems to make any telemarketing call to a wireless number in the absence of an emergency or the prior express written consent of the called party. The class action lawsuit says that prior express written consent means an agreement, in writing, bearing the signature of the person called, to receive the telemarketing robocalls.

“Defendant did not adequately document do-not-call requests when made, nor did it honor such requests.”

McNulty and Cossu want to represent anyone in the United States who has received a robocall from Premier Mortgage. They also want to represent a Class of consumers on the National Do Not Call Registry, and a policy Class of consumers called by representatives of Premier Mortgages.

They are suing for violations of the TCPA and seek certification of the Class, injunctive relief, damages, and a jury trial.

Companies often face legal action over violations of the TCPA. Recently, one of the largest health and life insurance wholesalers in the country, American Insurance Co,

was accused in a class action lawsuit of using its marketing website, iWebQuotes, to bombard consumers, including those on the Do Not Call List, with unwanted robocalls.  

Have you received a robocall despite putting your phone number on the Do Not Call List? We want to hear from you! Tell us about your experience in the comment section below! 

McNulty and Cossu are represented by Avi R. Kaufman of Kaufman P.A., Anthony Paronich of Paronich Law, P.C., and George T. Blackmore of Blackmore Law PLC.

The Premier Mortgage Robocall Class Action Lawsuit is McNulty, et al. v. Premier Mortgage, LLC., Case No. 4:21-cv-11306-SDD-EAS, in the U.S. District Court for the Eastern District of Michigan Southern Division.

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