Class Action Sought Over Phone Calls

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The lawsuit seeks to certify a class of consumers who American Freedom Mortgage, American Freedom Home Lending and American National Brokerage, Inc. made pre-recorded calls to residential phone lines without their consent. The suit was brought for violations of the Telephone Consumer Protection Act, a federal statute, that makes it unlawful to initiate any telephone call to any residential telephone line using an artificial or pre-recorded voice without the prior express consent of the called party. The statute provides for a $500 fine for each violation of the statute.

On October 18, 2007 a consumer filed a class action, Marilyn Margulis v. Amerifirst, Inc. Case No. 07-L-473 in St. Clair County, Illinois. The lawsuit alleges that Amerifirst violated the Telephone Consumer Protection Act. The lawsuit was filed by Brad Lakin and Robert Schmieder of The Lakin Law Firm on behalf of their client.

The Telephone Consumer Protection Act is a federal statute that makes it unlawful to initiate any telephone call to any residential telephone line using an artificial or pre-recorded voice to deliver a message without the prior express consent of the called party. The statute provides for a $500 fine for each violation of the statute.

Lakin said, "Marilyn Margulis received an unsolicited pre-recorded phone call at her residence on or about May 10, 2007 advertising mortgage services." The suit alleges that Amerfirst was doing business as American Freedom Mortgage, American Freedom Home Lending and American National Brokerage, Inc. who used auto dialer technology to solicit mortgage leads and advertise mortgage services.

"The lawsuit seeks to certify a class of consumers where American Freedom Mortgage, American Freedom Home Lending and American National Brokerage, Inc. made pre-recorded calls to residential phone lines without their consent," Lakin said. The Lakin Law Firm is no stranger to the mortgage industry. The firm is pursuing several cases against mortgage companies, including Fifth Third Bank (Case No. 04-L-1430 in Madison County, Illinois) and Countrywide (Case No. 03-L-980 in Madison County, Illinois), for alleged hidden charges and fees assessed to consumers at the time of their mortgage closing.

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