Freedom Mortgage faces a proposed class action lawsuit, which alleges the lender made a number of advertising and marketing calls to a South Carolina resident in violation of federal and state rules.
Plaintiff Brittany Williams mentioned she acquired a number of calls from three totally different Freedom Mortgage originators between July 24, 2025, and Aug. 5, all presenting her with choices for house fairness lending. Despite the calls coming from totally different mortgage originators, all of them got here from the identical phone quantity.
In not less than two situations, the caller left totally different numbers belonging to Freedom at which they may very well be reached.
In her go well with, Williams acknowledged she had by no means borrowed from or in any other case corresponded with Freedom Mortgage, and her private quantity had been listed on the National Do Not Call Registry since 2017. Freedom’s actions, due to this fact, constituted a breach of the Telephone Consumer Protection Act in addition to South Carolina’s personal privateness safety legal guidelines, the submitting mentioned.
The authorized paperwork, which had been filed in federal district courtroom in South Carolina, state that Williams seeks to signify a class estimated to quantity, “at minimal, within the a whole bunch,” in line with her legal professionals.
“Because the calls had been transmitted utilizing know-how able to producing 1000’s of comparable calls per day, plaintiff brings this action on behalf of a proposed nationwide class of different individuals who had been despatched the identical unlawful telemarketing calls,” the go well with mentioned.
In addition to looking for certification as a class action represented by Williams as lead plaintiff, the lawsuit additionally requested a jury trial, financial damages and declaration that Freedom Mortgage violated each the TCPA and South Carolina Telephone Privacy Protection Act.
Any confirmed violation of the federal TCPA’s do-not-call coverage would lead to a monetary penalty charged to the offending social gathering of $500 for every incidence.
In the present go well with, Freedom would even be doubtlessly topic to even harsher penalties for violations of the South Carolina’s Telephone Privacy Protection Act as nicely, which was signed into regulation in 2018. The state regulation permits for affected people to get better $1,000 for every violation deemed negligent. A willful breach of the SCTPPA would incur a $5,000 fantastic for every occasion.
Freedom Mortgage had not but responded to the allegations or the proposed go well with previous to article publication. MPA first reported the go well with.
Recent scrutiny and alter to TCPA rules
The newest lawsuit comes throughout a interval when shoppers have proven themselves prepared to use authorized strain on lenders over any perceived violations of the Telephone Consumer Protection Act. Lending companies, together with Mr. Cooper and Fairway Mortgage, each have discovered themselves topic to TCPA litigation over the previous yr.
Regulators additionally up to date TCPA rules this yr that govern client opt-out coverage. Changes, which went into impact in April, now imply a client can revoke their consent to be contacted for advertising and marketing functions by any “cheap means,” together with textual content, telephone calls or e-mail.
However, a stricter Federal Communications Commission change generally known as the one-to-one rule, which might have restricted how typically and when companies may attain out to particular person events, was formally repealed this summer season.
