A proposed class action claims Royal United Mortgage LLC has violated the Telephone Consumer Protection Act (TCPA) with its practice of cold-calling consumers without obtaining their prior consent to do so.
More specifically, the suit alleges the mortgage and refinancing services provider has failed to obtain consent before placing calls to consumers with phone numbers listed on the National Do Not Call Registry. The case also claims the defendant has continued to place calls to consumers who’ve requested that the communications stop and placed unsolicited calls before 8:00 a.m.
The plaintiff, a Miami Lakes, Florida resident, says she went online in mid-2020 to find information about refinancing rates. Thereafter, the case says, the plaintiff received “numerous solicitation calls” from the defendant regarding refinancing. After deciding not to do business with the company, the plaintiff instructed several sales employees to stop calling her, according to the suit.
The plaintiff again looked up refinancing interest rates online in March 2021 and visited what she believes may have been Royal United Mortgage’s website, the case relays. According to the complaint, however, the plaintiff “quickly closed her internet browser” after seeing the defendant’s name and did not fill out any forms or provide her cell phone number to the company.
That same morning, the plaintiff received two calls from Royal United Mortgage in a row just after 7:00 a.m., the case claims. Per the suit, the plaintiff instructed the agents on both calls that she was not interested in speaking with anyone from the company. At 7:14 a.m., the plaintiff allegedly received a third call from the defendant in an attempt to solicit her business. Per the case, the plaintiff told the employee that she was upset about receiving early morning calls, had already told two other employees to stop calling, and would report Royal United, after which the employee “said that she did not care and hung up the phone.”
According to the suit, the plaintiff’s phone number has been listed on the National Do Not Call Registry since March 2016. The lawsuit, citing numerous online complaints from consumers who say they’ve received unsolicited telemarketing calls from the defendant, explains that the TCPA prohibits both unsolicited calls to numbers on the DNC and calls to consumers who have requested not to receive them.
The plaintiff says Royal United Mortgage harmed her “in the form of annoyance, nuisance, and invasion of privacy,” interrupted her use and enjoyment of her phone, added wear and tear on the phone’s hardware and took up space on the phone’s memory.
Get class action lawsuit news sent to your inbox – sign up for ClassAction.org’s newsletter here.