Mortgage Company Sued for Violating DNCR Provisions. – TCPAWorld

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It’s the holiday season. At Troutman Amin, we encourage you to check the National Do-Not-Call Registry (“DNCR”) and check it twice. TCPA lawsuits are comin’ to town!

 

If you follow TCPAWorld, you already know that under 47 CFR § 64.1200(c) individuals have the right to protect their privacy by registering their residential phone numbers on the DNCR, which prohibits unsolicited telemarketing text and phone calls.

 

Telemarketers can access the DNCR here: National Do Not Call Registry.

 

In Wilson v. Fairway Independent Mortgage Corp., No. 3:24-CV-00924, (W.D. Wis. Dec. 27, 2024), Plaintiff Wilson alleges that even though he was listed on the DNCR for over 30 days, Defendant Fairway placed a call and sent several text messages to his residential number, intending to reach someone other than Plaintiff. On February 4, 2022, Plaintiff alleges to have received the following three texts:

 

Hi Eric, this is Alex with The Welch Team with Fairway Independent Mortgage Corporation. Just received your inquiry online about your interest in a potential mortgage. I’d love to get you connected with one of my team members who can assist with this. I just had a few questions to ask you before we can proceed. I can chat via text now if that works for you? (10:02 AM).

Was there a better time to talk? (10:22 AM).

Still interested by chance? (11:06 AM).

 

Plaintiff then responded:

 

Never was (11:18 AM).

Wrong # (11:18AM).

Stop (11:19 AM).

 

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Due to these accusations, Wilson filed a Complaint in the Western District of Wisconsin alleging Fairway violated DNCR provisions, 47 U.S.C. 227(c)(5) and 47 C.F.R. § 64.1200(c), by making telemarketing calls to Plaintiff, who had registered his phone number on the DNCR.

 

Wilson seeks to represent the following class:

 

All persons throughout the United States (1) who did not provide their telephone number to Fairway Independent Mortgage Corp., (2) to whom Fairway Independent Mortgage Corp. delivered, or caused to be delivered, more than one voice message or text message within a 12-month period, promoting Fairway Independent Mortgage Corp. goods or services, (3) where the Person’s residential or cellular telephone number had been registered with the National Do Not Call Registry for at least thirty days before Fairway Independent Mortgage Corp. delivered, or causes to be delivered, at least two of the voice messages or text messages within the 12-month period, (4) within four years preceding the date of this complaint through the date of class certification.

 

Checking the DNCR isn’t optional. Telemarketers must vet their numbers before reaching out or they risk the house — so to speak.

 

That’s a wrap for 2024! See you next year 🙂

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