Amerisave Mortgage faces a new class action lawsuit that alleges it violated the Telephone Consumer Protection Act after it attempted to contact an individual on the Do Not Call registry.
In documents filed in federal court in the Northern District of Georgia late last month, attorneys for plaintiff Erin Wilson noted she had listed her phone number on the
Upon answering the second call, the Amerisave representative informed her they were following up on an online quote requested by her, although Wilson claimed she never made any such query.
"Because telemarketing campaigns typically use technology capable of generating thousands of similar calls per day, plaintiff sues on behalf of a proposed nationwide class of other persons who received similar calls," the documents said.
In addition to violations of the TCPA, Wilson is also claiming Amerisave failed to comply with terms of the Georgia Telephone Solicitations Act that aim to protect state consumers from "unwanted, harassing and intrusive sales calls," according to the suit.
Wilson seeks to represent a class comprising individuals on the DNC registry who received more than one unsolicited call from Amerisave in a 12-month period since late 2022. The total members in the class could reach into the thousands, her attorneys added.
Their client and all members of the class "have been harmed by the acts of the defendant because their privacy has been violated and they were subjected to annoying and harassing calls that constitute a nuisance," the lawsuit noted.
Amerisave did not respond to an inquiry from National Mortgage News prior to publication.
Wilson is seeking between $500 and $1,500 in damages on behalf of all class members for each TCPA call violation, according to the court filing. The lawsuit also aims to collect $1,000 for each infraction of Georgia's state regulation.
Do Not Call litigation continues
The lawsuit against Atlanta-based Amerisave is the latest example of recent scrutiny poured on lenders to comply with the Do Not Call rule and also highlights the willingness of attorneys and consumers to pursue cases after any alleged infractions.
In September, a South Carolina homeowner filed a similar
Over the past year, an Oregon resident filed several suits after receiving unwanted texts, putting himself at the center of TCPA class action cases against a host of companies across different industries. Caught in his web of litigation were home lending and real estate enterprises, Fairway Independent Mortgage,
In 2020, Amerisave agreed to a settlement in another class action suit that accused it of noncompliance with the TCPA. In that case, the lender agreed to pay $6.3 million to consumers who received calls or texts from the company over an 18-month period from 2018 to 2019. Approximately 2.3 million consumers were included in that class.
