The filing cites 47 U.S.C. § 227(c) and 47 C.F.R. § 64.1200(c) and (e), which restrict telephone solicitations to numbers on the national registry. It seeks $500 per call for negligent violations and up to $1,500 per call for willful or knowing violations. Under Texas Business and Commerce Code § 305.053, it seeks at least $500 per violation, with treble damages for knowing or intentional violations. The filing asks for an injunction requiring compliance with the telemarketing rules, a jury trial, and preservation of records related to the outreach.
Two proposed classes frame the requested relief. A Nationwide Class and a Texas Class would cover persons who allegedly received more than one text message within any 12‑month period, to numbers listed on the National Do Not Call Registry for at least thirty days, regarding the company’s property, goods, and/or services, who did not purchase or transact business with the company during the eighteen months immediately preceding the first text and did not contact the company during the three months immediately preceding the first text with an inquiry about a product, good, or service. The filing alleges numerosity, common questions, typicality, adequacy, and that a class action is superior to individual suits.
For mortgage firms, the filing threads familiar compliance themes: maintaining accurate Do‑Not‑Call scrubs, verifying consent, and documenting any established business relationships or inquiries. It also alleges the company maintains or has access to outbound transmission reports showing dates, times, target numbers, and content of each call, suggesting recordkeeping could be central if the case progresses. The filing references broader national concerns about unwanted calls to frame why private actions continue in this area.
No determination has been made on the claims. The document reflects the plaintiff’s allegations at the pleading stage, and the filing does not include a response from United Wholesale Mortgage.
