Lawsuit accuses United Wholesale Mortgage of do‑not‑call violations

New case claims UWM’s telemarketing and do‑not‑call practices broke the rules

Lawsuit accuses United Wholesale Mortgage of do‑not‑call violations

A fresh lawsuit is taking aim at United Wholesale Mortgage’s telemarketing practices and putting do‑not‑call compliance squarely under the microscope. 

Filed on December 2, 2025 in the U.S. District Court for the Eastern District of Michigan, the case centers on how the company allegedly texted and called consumers about its business, including after one plaintiff says he asked for the contacts to stop. The filing is at an early stage and the court has not made any findings; these are allegations only. 

Two consumers, Andrew James McGonigle of Virginia and Joshua Hester of Florida, are named as plaintiffs. They bring the case on behalf of several proposed classes of people across the country, saying United Wholesale Mortgage, LLC, or those acting for it, pushed out marketing texts and calls to cellphones that were being used as home numbers. 

McGonigle’s story focuses on text messages. According to the filing, he became the regular and sole user of his cell number ending in 238‑XXXX in August 2024 and uses it only as his personal residential line, not for business. The case document states that the number was registered on the National Do‑Not‑Call Registry on August 5, 2024 and that it has been on the registry since 2014. 

Even so, McGonigle claims he received at least seven unsolicited text messages between August 12 and August 22, 2025 from two numbers that the plaintiffs say were used in a United Wholesale Mortgage marketing campaign. Screenshots attached to the filing show messages discussing interest rates for veterans, suggesting the recipient “take advantage as your right as a Veteran for lower interest rates,” and signing off as “Nick from UWM Partner.” Another message links to “www.uwm.com” and asks about the recipient’s “current interest rate with the VA” so the sender can “make sure we pass the VA savings test.” 

The lawsuit says these texts were actually meant for someone else but landed on McGonigle’s phone anyway. It also says the messages did not identify the legal name of the sender or provide a physical address. McGonigle is described as never having given the company permission to contact him, never asking for information or promotional material, and experiencing an invasion of privacy, intrusion, and nuisance as a result. The filing further alleges that United Wholesale Mortgage sent the texts more than 30 days after the number appeared on the National Do‑Not‑Call Registry and did not check either that registry or the FCC’s Reassigned Number Database before sending them. 

Hester’s account revolves around phone calls and internal do‑not‑call practices. The case document says he has used his number ending in 455‑XXXX as his only residential cellphone for at least five years, has no landline, and pays for the service himself. After what are described as numerous calls from United Wholesale Mortgage, Hester allegedly sent a letter asking the company to stop contacting him. 

According to the filing, the calls did not stop. Hester says he received at least seven automatically dialed calls between October 3 and October 13, 2025, all from various spoofed numbers and all promoting mortgage financing services. On October 3, he reportedly told the caller not to contact him again. The case document states that on October 6 and October 8 he spoke with a caller identified as “Nikolai” and repeated his request not to be called, yet a total of seven calls allegedly followed. During the last three calls, Hester says he told the company he was represented by counsel, but the calls continued. 

The plaintiffs are asking for statutory damages, higher damages where allowed, attorneys’ fees, and court orders affecting how the company contacts people whose numbers are on the National Do‑Not‑Call Registry and how it responds to opt‑out requests. They also claim the company lacked a written do‑not‑call policy, did not train its telemarketing staff on that policy, and failed to honor opt‑out instructions. 

For lenders and brokers that rely on outbound calling and texting, the allegations focus heavily on how do‑not‑call lists, reassigned numbers, and opt‑outs are handled in practice. For now, though, the case remains at the starting line: the allegations have not been tested in court, and United Wholesale Mortgage has not yet had its say.