TCPA class actions are a continuous threat to companies that engage in direct-to-consumer marketing over the phone. And while these cases can impact businesses in any vertical, mortgage companies seem to bear an outsized brunt. Especially when the Wolf of TCPAWorld is out hunting.
In a new suit files yesterday, Paronich is representing a consumer who lives in Colorado in a TCPA class action against a Michigan based Step Up Mortgage, LLC and lead provider Blitz Services, in connection with a prerecorded call allegedly left by Blitz without the called party’s consent.
The Complaint seeks to represent a class of:
All persons within the United States to whom: (a) Blitz Services and/or a third party acting on their behalf, made one or more non-emergency telephone calls; (b) to a cellular telephone number; (c) using the same or a similar recorded message used in calling Plaintiff; and (d) at any time in the period that begins four years before the date of the filing of this Complaint to trial
The calls at issue were marketing calls, although the script suggests that the caller had previously spoken to the consumer:
This is Brian, I know you get a ton of these calls but I have in my record here that we had spoken before about your mortgage and I wanted to reach out again we have the absolute lowest interest rates in the country we can beat anyone out there so we can definitely improve your mortgage payment we can even help people who have no documentable income and who have less than perfect credit. I’d really really love to talk with you as soon as possible and save you as much money as we can give me a call.
According to the complaint, the Plaintiff had never spoken to “Brian” before and this message was just a cold call solicitation (if true, that would make this campaign problematic both because it was conducted without consent and also because it is potentially misleading to consumers–that’s a bad look.)
The Defendants have not yet appeared in the case and it remains to be seen whether these allegations have any merit.
It is important for folks that make outbound calls and/or buy leads to keep the risk of TCPA suits in mind. Notice how both the lead supplier and the mortgage company are being sued here–this is very common in TCPA suits.
Notice also that the call at issue (just one) was a prerecorded call- after Facebook it is far more likely you will be sued for using prerecorded calls than other forms of communication (such as text).
Notice one last time, that although there was only one call at issue because it is a prerecorded call the Plaintiff can sue–unlike a DNC claim, a TCPA claim for use of regulated technology without consent does not require multiple calls.
Read the full complaint here: Scofield complaint