Active Legal Case

IHL Is Being Held Accountable

An active legal case is being pursued against Independence Home Loans for systematic violations of federal and state telemarketing laws. The case is based on documented evidence of 90 illegal calls to a single 100% disabled veteran.

If you've been targeted by IHL, your experience matters. Additional victim reports strengthen the case and help establish the pattern of abuse. Submit your report here.

What We Know

A 100% disabled veteran in Maryland received 90 unsolicited telemarketing calls over several months from numbers spoofed to appear local. Consent was explicitly revoked on the very first call. Despite 34+ requests to stop, the calls continued -- including one placed even after a formal cease-and-desist letter was sent and a regulatory complaint was filed with the Maryland Office of Financial Regulation.

IHL disputes responsibility for the calls, attributing them to third-party vendors. That question is now before the court.

How the Operation Works

Calls of this kind are typically placed by third-party telemarketing and lead-generation vendors rather than by the lender itself. Veterans who respond are warm-transferred to a loan officer at the lender, who attempts to sell a refinancing product. The vendor placing the call and the lender receiving the transfer are often different companies, which is how lenders commonly disclaim responsibility for calls made on their behalf.

Whether that separation holds up legally is exactly what the courts and regulators decide. Under both federal and Maryland law, a company can be liable for calls made on its behalf by vendors it engaged.

Laws Being Violated

IHL's conduct violates multiple federal and state consumer protection laws:

Federal Laws

Telephone Consumer Protection Act (47 U.S.C. 227)

The TCPA regulates telemarketing calls and provides consumers with the right to stop unwanted calls. Violations include:

  • Calling after consent has been revoked
  • Failing to honor do-not-call requests
  • Using automated systems without consent

Penalty: Statutory damages per violation, with enhanced damages available for willful violations

Telemarketing Sales Rule (16 C.F.R. Part 310)

The FTC's TSR establishes requirements for telemarketers including:

  • 310.4(b)(1)(ii): Must honor do-not-call requests
  • 310.4(b)(1)(iii)(A): Cannot call after consent is revoked
  • 310.4(a)(8): Must transmit accurate caller ID
  • 310.4(d)(2): Must disclose purpose of call
  • 310.4(d)(3): Must disclose nature of goods/services
  • 310.3(a)(4): Cannot misrepresent any material aspect of the call

Maryland State Laws

Maryland Telephone Consumer Protection Act (Md. Code, Com. Law 14-3201 et seq.)

Incorporates the federal Telemarketing Sales Rule and provides a private right of action for violations.

Penalty: Statutory damages per violation; each call generally counts as a separate violation

Maryland Telephone Solicitation Act (Md. Code, Com. Law 14-4501 et seq.)

Maryland-specific telemarketing regulations including:

  • 14-4502(b)(1)(i): Must transmit caller name and number
  • 14-4502(b)(1)(ii): Cannot intentionally prevent caller ID transmission
  • 14-4502(b)(1)(iii): Cannot use technology to display false caller ID
  • 14-4502(c)(1): No calls between 8 PM and 8 AM
  • 14-4502(c)(2): Maximum 3 calls per 24 hours on same subject

Penalty: Treated as an unfair trade practice, with statutory damages per violation

Maryland Consumer Protection Act (Md. Code, Com. Law 13-101 et seq.)

Broad consumer protection law prohibiting unfair and deceptive practices:

  • 13-301(1): False or misleading representations
  • 13-301(2): False claims of affiliation or sponsorship
  • 13-301(9): Concealment of material facts
  • 13-301(10)(i): Must identify trade name
  • 13-301(10)(ii): Must state purpose of call
  • 13-301(10)(iii): Must identify kind of service solicited

Penalty: Actual damages, attorney's fees, injunctive relief

Types of Violations Documented

A single call can breach several different laws at once. The conduct documented so far includes:

  • Continuing to call after a do-not-call request
  • Continuing to call after consent was revoked
  • Transmitting false or disguised caller ID
  • Using technology to conceal the caller's identity
  • Using false or misleading trade names
  • Failing to disclose the caller's identity, the purpose of the call, or what was being sold
  • Calling outside legally permitted hours
  • Exceeding the daily call limit on the same subject
  • A sustained pattern of harassment

Your Legal Rights

If you have been subjected to similar conduct, you have legal options:

Private Right of Action

Both federal and Maryland law allow individuals to sue telemarketers who violate these laws. You do not need to wait for government enforcement.

Statutory Damages

You can recover statutory damages per violation even without proving actual harm. Each illegal call is typically a separate violation.

Enhanced Damages

For willful or knowing violations, courts have discretion to award increased damages.

Attorney's Fees

Prevailing plaintiffs can recover reasonable attorney's fees, making it feasible to pursue even smaller claims.

Filing Complaints

In addition to private legal action, you should file complaints with regulatory agencies:

Federal Trade Commission (FTC)

Report telemarketing violations including do-not-call violations

File FTC Complaint

Consumer Financial Protection Bureau (CFPB)

Report mortgage-related deceptive practices

File CFPB Complaint

Maryland Office of Financial Regulation

Report licensed mortgage company violations in Maryland

File MD Complaint

Maryland Attorney General

Report consumer protection violations

File AG Complaint