A man from Florida alleges he has been receiving unwanted Nationstar Mortgage robocalls regarding purchasing a home loan, with the calls allegedly violating the Telephone Consumer Protection (TCPA).
These Nationstar Mortgage robocalls may be violating the TCPA by contacting the claimant without permission, which spurred him to file this TCPA lawsuit after discovering other consumers had similar experiences.
Plaintiff Cody B. filed this TCPA lawsuit after discovering other consumers allegedly had similar experiences of receiving unwanted Nationstar Mortgage robocalls.
According to the TCPA lawsuit, Cody had started receiving unwanted Nationstar Mortgage robocalls on Aug. 8, 2018. He says these calls delivered an artificial or prerecorded message that was asking him to purchase a home loan.
Cody says he is not now or ever has been a customer of Nationstar, and had no reason to be on the company’s contact list. He alleges these calls were in violation of the TCPA, which restricts how companies can contact consumers.
Nationstar reportedly did not have Cody’s consent before contacting him, which inconvenienced him and other consumers with unwanted telephone communications.
Cody opted to file legal action against Nationstar alleging that numerous other consumers had received unwanted Nationstar Mortgage robocalls when the company either did not have permission or were asked to stop, both of which he argues are violations against the TCPA.
Overview of TCPA Policy and Violations
The TCPA was established in 1991 by Congress to help protect consumers against aggressive telemarketing tactics, by requiring companies to adhere to strict rules and conduct when dealing with customers. This includes prohibiting companies from calling consumers between the hours of 8 a.m. and 9 p.m., which applies to both landlines and telephones.
In addition, companies must have express prior consent from consumers before contacting them using certain automated equipment, and they must cease contacting them when asked to. When consumers request this, they must be added to the company’s do-not-call list, and the company must respect their request for the next five years.
The TCPA also consists of rules related to the use of artificial dialing systems, which are devices that generate and place calls to random phone numbers. With some exceptions, companies can only use these devices to contact consumers who gave them prior consent, which is often accompanied by an artificial voice.
It is important to note that TCPA policy applies to spam text messages, which must stop when the customer follows the opt out procedure. Violations against the TCPA can incur penalties ranging between $500 to $1,500 per illegal call or text, depending on whether or not willful intent can be proven.
When filing a TCPA lawsuit, consumers should gather the following information about their alleged spam calls or texts including, but not limited to:
- Date and time of Call
- Summary of call
- Whether or not an artificial voice was used
- Whether or not consent was previously given
- Whether or not consent was revoked (keep written copy)
Cody is seeking compensation for all unwanted Nationstar Mortgage robocalls, along with any other relevant damages. Given how many consumers could join this class action lawsuit, the financial damages Nationstar could face is massive.
This Nationstar Mortgage Robocalls Lawsuit is Case No. 0:18-cv-62747-MGC, in the U.S. District Court of the Southern District of Florida.
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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