telephone 02Mortgage servicers face added legal risks with autodial calls


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Under federal policy, mortgage-servicing companies are supposed to contact borrowers early and often after a person falls behind on loan payments, but recently the companies have had to use extreme caution in doing so.

Since this past summer, servicers have been at greater risk of getting slapped with a class-action lawsuit or stiff fines for making unwanted robo calls, legal analysts say.

In July, the Federal Communications Commission (FCC) issued new orders to clarify grey areas in the 1991 Telephone Consumer Protection Act (TCPA) surrounding what constitutes a violation when companies make calls to cell phones using an autodialing system. The act, which was originally aimed at the telemarketing industry but applies to all sorts of companies, also impacts mortgage servicers.

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