Amerihome Harassed Homeowner Facing Foreclosure With Repeated Phone Calls, Claims Class Action

A Florida man is demanding between $500 and $1,500 per robocall from Amerihome after the company harassed him and violated his privacy with phone calls, a new class action lawsuit alleges.

In a nationwide class action filed in the Northern District of Florida on April 8, lead Plaintiff Tracy Andrews alleges that the company called him almost 2o times in less than 30 days, despite being instructed by his lawyers to cease contact. 

Andrews’ phone number has also been on the National Do Not Call List since 2018, the class action states.

If you received a call featuring a prerecorded voice or a text message from a company and you did NOT provide that company prior express written consent to do so, you may have a claim against that company for violating the TCPA. 

Andrews took out a mortgage with Amerihome in 2018, but over the course of the next two years, he stopped making payments, according to the class action. In January 2020, the company filed a foreclosure action against him. Through counsel, he filed a notice of appearance in the case.

In December 2020, Andrews’ lawyer filed a letter instructing Amerihome to cease contact with Andrews and to direct all future correspondence to his office, the lawsuit states. “I hereby revoke any prior consent I may have given to call me on any/all of my phone numbers on record,” Andrews said in the letter.

However, Amerihome allegedly continued to call Andrews 18 times between Jan. 8 and Feb. 3 on his personal cell phone despite having received the letter. The company also allegedly left at least five pre-recorded voicemails on his phone.

According to the lawsuit, the constant communication after the letter was received violates the Telephone Consumer Protection Act (TCPA) and Florida Consumer Collections Practices Act (FCCPA).

“Courts have held that these type of pre-recorded calls to a cell phone where consent has been revoked and do not call request has been made violate the FCCPA and TCPA.”

The TCPA was designed to stop unrestricted telemarketing, which Congress found to be “an intrusive invasion of privacy,” the lawsuit claims.

A number of companies have found themselves in hot water over allegedly violating the TPCA. In March, a Florida woman filed a proposed class action lawsuit, saying that she and other consumers were bombarded with annoying marketing texts from the retail company Express.

Also in March, SmileDirectClub reached a $11.5 million settlement with certain consumers who claimed to have received unsolicited text messages from the company.

Andrews wants to represent a TCPA Class with three subclasses: everyone in the US who received robocalls from Amerihome in the last four years; those who received robocalls from the company despite being on an internal do not call list; and those who were called by the company during the last year despite being on the National Do Not Call list. He also seeks to represent a FCCPA Class of Florida residents.

Andrews is seeking $500 for each of the calls that violated TCPA, and $1,500 per call that knowingly violated the TCPA. He is also seeking certification of the Class, damages, legal fees, and a jury trial.

Do you receive robocalls on your personal cell phone? Let us know in the comments section!

Andrews is represented by Young Kim of Consumer Law Attorneys.

The Amerihome Robocall Class Action Lawsuit is Andrews v. Amerihome Mortgage Company LLC, et al., Case No. 4:21-cv-00156-RH-MAF, in the U.S. District Court for the Southern District Northern District of Florida.

Read About More Class Action Lawsuits & Class Action Settlements:

• Do Not Call List TCPA Violations Class Action Lawsuit Investigation
• 5 Things You Need to Know About the Do Not Call Register 
• A Guide to Who Is Exempt from the Do Not Call Registry 
• All Cell Phone Calls Need Consent Before Recording, California Supreme Court Rules