The case highlights TCPA exposure risks tied to outbound calling campaigns
A mortgage lender is accused of using robocalls to push loan offers without permission, landing the company in federal court this month.
Mc James Mortgage Corp, doing business as Liberty Financial, is facing a proposed class action in California federal court after a consumer alleged the company used prerecorded voice messages to market its loan products without consent. The case, filed on January 16, 2026, puts a spotlight on a marketing tactic that continues to expose mortgage lenders to legal and financial risk.
The lawsuit centers on David Torres, an Illinois resident who says he received more than one prerecorded call on his cell phone on May 22, 2025. According to court filings, the calls came from two different phone numbers and played the same message, with a voice identifying himself as "Eric" from "the liberty group" pitching a loan offer that had supposedly been mailed to Torres. The message described it as "a good opportunity to get the cash you need to stay ahead with all the changes."
Torres says he never gave the company permission to contact him, and that he could easily tell the calls were prerecorded because the voice sounded "generic."
The case has been brought under the Telephone Consumer Protection Act, the federal law that restricts telemarketing calls using artificial or prerecorded voices. Under the statute, companies that make such calls without prior consent can face damages of $500 per call, or as much as $1,500 per call if a court finds the violation was willful or knowing.
The lawsuit seeks class certification on behalf of anyone in the United States who received similar prerecorded calls from the company over the past four years. Court documents estimate that at least 50 people were contacted without consent, which means potential liability could climb quickly if the case moves forward.
Beyond damages, the lawsuit also asks for an injunction to stop the company from making such calls in the future.
No determination has been made on the merits of the case, and the allegations remain untested in court.
Still, the lawsuit serves as a timely reminder for mortgage lenders about the risks tied to outbound marketing campaigns. The TCPA's per-call damages structure can turn a routine calling operation into a multimillion-dollar exposure when claims are aggregated across a class. Consent documentation and dialing practices are areas where even small missteps can prove costly.
The case also highlights a broader enforcement reality. Court filings note that while the Federal Communications Commission levied over $200 million in penalties against robocallers between 2015 and 2018, it collected less than $7,000. That gap has made private lawsuits like this one the main avenue for holding companies accountable under the law.
