Perez v. PHH Mortgage (U.S. District Court, District of New Jersey, Case No. 1:16-cv-04566)
In a class action complaint, Lemberg Law is representing Sandy Perez, who is suing PHH Mortgage for alleged violations of the Telephone Consumer Protection Act (TCPA). The complaint alleges that PHH Mortgage robocalled Ms. Perez’s cell phone without her express consent.
PHH Mortgage is based in New Jersey, but operates across the U.S. as a mortgage service provider. The company claims to be the fifth largest originator of retail residential mortgages and the ninth largest mortgage servicer. Ms. Perez does not have a mortgage with PHH Mortgage, and actually has no business relationship with PHH Mortgage whatsoever. Nevertheless, Ms. Perez has received repeated calls to her cell phone from PHH Mortgage regarding the mortgage of someone she doesn’t even know.
Ms. Perez says that she did not provide PHH Mortgage with her cell phone number or her consent to be called on her cell phone. Moreover, she asked PHH Mortgage to stop calling her on several different occasions, but PHH Mortgage continued to robocall. Ms. Perez knew they were robocalls because she heard an extended period of silence – on some occasions for more than two minutes – before the calls would be routed to a live agent. When she spoke to an agent, the agent said they were trying to reach “Anna.” Ms. Perez told them that she was not “Anna that she did not know who Anna was, and to please stop calling. She also told them that she could not receive personal calls on her cell phone at work, but if they continued to robocall her cell phone.
The two proposed classes of people represented are: 1) those in the U.S. who, between July 28, 2012 and July 28, 2016, received calls from PHH Mortgage without their express consent; and 2) those in the U.S. who, between July 28, 2012 and July 28, 2016, received calls from PHH Mortgage after asking PHH Mortgage not to call.
Update: The case is in the discovery phase.