Well the mortgage vertical is certainly in the plaintiff’s bar’s crosshairs these days.
As we’ve been reporting, a string of new class actions have been filed targeting the practices of mortgage lenders with respect to their marketing text message campaigns.
In the latest such suit–this one against Premier Mortgage, LLC–the Plaintiff claim she was texted 9 times after advising the lender she was not interested in any mortgage products. She also contends she never solicited information about a mortgage to begin with. This is true (allegedly) although her number was on the DNC list.
Notably the complaint seeks recovery for both DNC violations and for violations of the TCPA’s ATDS provisions–Plaintiff alleges an ATDS was used with the ability to store numbers using a R&SNG. We’ll see how those allegations hold up.
The Plaintiff seeks to represent three classes:
Robocalling Class: All persons in the United States who, within four years prior to the commencement of this litigation until trial, received one or more telemarketing call on their cellular telephone number from or on behalf of Premier Marketing, made via the same system(s) used to call the Plaintiffs.
Policy Class: All persons in the United States who, within four years prior to the commencement of this litigation until trial, received two or more telemarketing call on their residential landline or cellular telephone number from or on behalf of Premier Marketing.
National Do Not Call Registry Class: All persons in the United States who, within four years prior to the commencement of this litigation until trial, received two or more telemarketing call on their residential landline or cellular telephone number from or on behalf of Premier Marketing to a telephone number that was registered with the NDNCR for more than 30 days at the time of each call.
The case is brought by the ever-dangerous Avi Kaufman AND the original Wolf of TCPAWorld, Anthony Paronich.
Complaint here: McNulty complaint
We’ll keep an eye on this.