A proposed class action alleges Freedom Home Loans has illegally called and sent text messages to consumers whose phone numbers are in the National Do Not Call Registry.
The 12-page lawsuit, filed by a Cottonwood, Arizona resident, says that Freedom Home Loans “casts its marketing net too wide” and has unlawfully robocalled and texted consumers in an unsolicited effort to promote its business and generate leads for its real estate services.
“Indeed, at no time did Defendant obtain prior express consent from Plaintiff or the class members orally or in writing to receive calls from Defendant,” the lawsuit alleges.
According to the complaint, Freedom Home Loans, a mortgage originator, has run afoul of the federal Telephone Consumer Protection Act and caused call and text recipients “harm and cognizable legal injury.”
“This includes the aggravation and nuisance and invasions of privacy that result from the receipt of such calls and texts as well as a loss of value realized for any monies that consumers paid to their carriers for the receipt of such calls,” the case reads.
Under the TCPA, a company must receive from a consumer with a number on the Do Not Call Registry express written consent in order to place an automated call or send an automated text message, the lawsuit relays.
The plaintiff claims to have received unsolicited phone calls and texts from Freedom Home Loans in July, September and October 2021 despite having never expressed any interest in the company’s real estate services, the suit alleges.
The lawsuit looks to represent U.S. consumers who, within the last four years, received more than one call from Freedom Home Loan to their cell phone within any 12-month period when their number was listed on the National Do Not Call Registry for at least 30 days and did not provide the company with prior express written consent to call.
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