Eisenband Law, P.A.
Licensed in Florida
Office in Fort Lauderdale, Florida
Have you been contacted to apply for a mortgage loan or refinance an existing mortgage loan? Were you contacted through pre-recorded message, ringless voicemail or text message without your consent?
Mortgage brokers, mortgage lenders, and mortgage companies may be using pre-recorded messages, texts, and ringless voicemail to market their services.
However, if the mortgage company did not receive permission to contact the consumer, it may be breaking the law.
Mortgage brokers have been hit with class action lawsuits for allegedly violating federal law by sending text messages and pre-recorded messages to cellphones without express consent.
If you received a spam text message, pre-recorded message, and/or voicemail from a mortgage broker without your consent, legal help is available.
See if you qualify to join this mortgage broker telemarketing class action lawsuit investigation by filling out the short form on this page.
Is it Legal for Mortgage Brokers to Send Text Messages?
Sending text messages to promote a business such as a mortgage lender is a popular form of marketing. If the company is using an Automatic Telephone Dialing System (“ATDS”) to send those text messages, then doing so is legal as long as the mortgage companies obtain consent before sending the text messages.
However, sending unsolicited text messages to customers without their consent may be a violation of federal law.
The U.S. Court of Appeals for the Ninth Circuit has determined that telemarketing phone calls or text messages from businesses that are unsolicited are “by their nature” an invasion of privacy, a disturbance to recipients, and a violation of federal law.
Are Mortgage Brokers Allowed to Use Pre-Recorded Messages?
Automated and pre-recorded calls made to cellphones by businesses are prohibited by federal law unless consent has been given by the consumer. Consumers may also revoke permission previously given to a company.
It is illegal for businesses to call residential phone lines with pre-recorded messages under federal law if the company has no previous relationship with the person they are calling. A relationship is established if the person has done business with the company in the previous 18 months or made an inquiry in the previous 3 months.
If mortgage brokers fail to abide by the rules laid out in the Telephone Consumer Protection Act (TCPA), they may face hefty fines or TCPA lawsuits.
What is a Ringless Voicemail?
Ringless voicemail messages are another form of telemarketing in which companies leave prerecorded voicemail messages on the cellphones of consumers to market a product or service. Using new technology, a voicemail message may be placed into a voicemail box without the users phone ever ringing and without there even being a missed call.
What is the Telephone Consumer Protection Act?
The Telephone Consumer Protection Act (TCPA) was first passed by Congress in 1991 in an attempt to address the increasing numbers of telemarketing calls and faxes that Americans were receiving.
It specifically prohibits companies from using automated phone equipment to place calls to customers. It also places limits on the use of pre-recorded messages, text messages, voicemails, and fax machines.
What Mortgage Lender TCPA Lawsuits Have Been Filed?
Following is a list of several class action lawsuits and settlements that have been filed against mortgage companies for allegedly violating TCPA laws:
- Chase Mortgage TCPA Settlement: $9 Million
- Nationstar Mortgage TCPA Settlement: $12.1 Million
- Discover Home Loans Telemarketing Settlement: $5 Million
- Mortgage Investors Corp. Unwanted Calls Settlement: $7.5 Million
- Wyndham Capital Mortgage Unwanted Calls Class Action Lawsuit
- Ocwen Loan Servicing TCPA Class Action Lawsuit
- Quicken Loans Spam Text Messages Class Action Lawsuit
Should I File a Mortgage Broker TCPA Lawsuit?
If you have received unwanted text messages, pre-recorded messages, and/or ringless voicemail from a mortgage broker you may qualify to join this mortgage company class action lawsuit investigation.
Learn more by filling out the form on this page for a free case evaluation by an experienced TCPA lawyer.
Get Help – It’s Free
Join a Free Mortgage Broker TCPA Class Action Lawsuit Investigation
If you qualify, an attorney will contact you to discuss the details of your potential case at no charge to you.
PLEASE NOTE: If you want to participate in this investigation, it is imperative that you reply to the law firm if they call or email you. Failing to do so may result in you not getting signed up as a client or getting you dropped as a client.
E-mail any problems with this form to:
After you fill out the form, the attorneys who work with Top Class Actions will contact you if you qualify to let you know if an individual lawsuit or class action lawsuit is best for you.
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