Consumers continue to pile lawsuits over spam calls and messages against a wide range of originators, in complaints that, if successful, could deliver big paydays.
Rocket Mortgage and United Wholesale Mortgage are among the nine lenders facing
Some plaintiffs have scored big wins in past TCPA cases, including a
Further, the lender suggested a third party was liable, as its wholesale agreements with brokers prohibit the lending partners from representing themselves as UWM agents. A spokesperson for the lender Tuesday said the allegations are factually incorrect.
"We intend to defend against these claims and are confident they will be resolved in our favor," the UWM spokesperson said.
One other company, Austin, Texas-based construction and investor lender Streamline Funding, filed a recent motion to dismiss a TCPA complaint filed in February.
Across the latest suits, none of the plaintiffs raised accusations of
Nearly all of the companies, plaintiffs and attorneys representing the parties didn't respond to requests for comment Tuesday.
The latest lenders accused of violating the TCPA
The other five companies facing new allegations of spamming customers with texts and phone calls are:
- Rocket Mortgage;
- EMortgage Funding in Troy, Michigan;
- National Mortgage Home Loans in Troy, Michigan;
- Smart Choice Realty and Mortgage in Los Angeles;
- Stockton Mortgage Corp. in Frankfort, Kentucky.
Unlike the other new suits, Rocket is being sued by one of its borrowers, who says the lender and servicer pestered her with robocalls on the eve of her monthly servicing payment due date. Marsha Kerr says she received at least 50 robocalls after she answered some of the outreach and told the lender to stop.Jacob Drake, a Florida man who sued EMortgage Funding last month, is the lone plaintiff in the latest wave of claims who is accusing a lender of breaching both federal and state DNC lists in calling him for a refinance. The plaintiff also claims EMortgage Funding acknowledged placing the calls. His attorney declined to comment Tuesday.
South Carolina resident Jay Connor, a pro se plaintiff who doesn't have an attorney, was behind the suits against E Mortgage Capital, which is unrelated to EMortgage Funding, and National Mortgage Home Loans.
In a short filing last week, Connor claims he reached a settlement agreement with E Mortgage Capital, although no attorney for the company had yet appeared in the case. The purported deal comes as that larger lender is locked in three active TCPA suits, where it's denied similar accusations of spamming consumers.