Crest Mortgage Hit with Class Action Over Alleged Spam Texts to Numbers on Do Not Call Registry

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A proposed class action claims that Crest Mortgage, Inc. has unlawfully sent telemarketing text messages to numbers on the National Do Not Call Registry without consumers’ consent to do so.

The 18-page case alleges the defendant, a mortgage brokerage company, has violated the Telephone Consumer Protection Act, which prohibits entities from initiating telephone solicitations to consumers whose numbers are listed on the National Do Not Call Registry (DNC), a list maintained by the federal government of people who do not wish to receive telephone solicitations.

The plaintiff, a Chula Vista, California resident whose phone number was registered on the DNC in November 2021, claims to have received a handful of text messages from a Crest Mortgage employee despite having never provided his consent to receive them.

Per the suit, the plaintiff began receiving in March 2022 unsolicited text messages from Anthony, a Crest Mortgage employee who purported to offer cheaper mortgage options. The complaint contains the following examples, among others, of text messages allegedly sent to the plaintiff:

The plaintiff says the email address listed in the messages does not belong to him. Per the case, the texts continued through the beginning of April despite the fact that the plaintiff never consented to be contacted by Crest Mortgage via text.

According to the suit, it is Crest Mortgage’s business practice to supply leads to its employees and have them cold call potential customers. The plaintiff says he and others have been harmed in the form of “annoyance, nuisance, and invasion of privacy,” not to mention a disruption of the use of their phones, wear and tear on the phones’ hardware and battery, and the consumption of their devices’ memory.

The lawsuit looks to represent anyone in the U.S. whom, within the past four years and through trial, Crest Mortgage or its agent texted or called more than once within a 12-month period where the individual’s residential telephone number had been listed on the National Do Not Call Registry for at least 30 days and for “substantially the same reason” the defendant texted the plaintiff.

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