Current Legal Proceedings
Escobar v. Independence Home Loans, LLC
Court: Circuit Court of Maryland for Anne Arundel County
Filed: October 2025
Plaintiff: David Escobar Jr., a 100% disabled veteran
Defendant: Independence Home Loans, LLC
Damages Sought: $475,000+ in statutory damages, plus potential treble damages up to $1,500 per violation for willful conduct
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- Calling after consent has been revoked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: $500-$1,500 per violation
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: $500 per violation, each call counts as 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 unfair trade practice, $500 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
Violations Documented in the Complaint
| Count | Violation | Number of Instances | Damages Claimed |
|---|---|---|---|
| I | Failure to honor do-not-call requests | 34 calls | $17,000 |
| II | Calls after revoked consent | 87 calls | $43,500 |
| III | Failure to transmit true caller ID | 89 calls | $44,500 |
| IV | Caller-ID spoofing/misrepresentation | 89 calls | $44,500 |
| V | Failure to transmit caller name (MD) | 89 calls | $44,500 |
| VI | Intentional prevention of caller ID | 89 calls | $44,500 |
| VII | Technology to conceal identity | 89 calls | $44,500 |
| VIII | False/misleading trade names | 39 calls | $19,500 |
| X | Misrepresentation of call purpose | 39 calls | $19,500 |
| XI | Failure to disclose service type | 39 calls | $19,500 |
| XIII | Failure to disclose call purpose | 39 calls | $19,500 |
| XIV | Failure to disclose goods/services | 39 calls | $19,500 |
| XV | Call outside permissible hours | 1 call | $500 |
| XVI | Exceeding 3 calls/day limit | 21 calls | $10,500 |
| XVIII | Pattern of harassment | 89 calls | $45,000 |
| Total Statutory Damages Sought | $475,000+ | ||
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 $500 per violation even without proving actual harm. Each illegal call is typically a separate violation.
Treble Damages
For willful violations, courts may award up to $1,500 per violation (triple the standard amount).
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 ComplaintConsumer Financial Protection Bureau (CFPB)
Report mortgage-related deceptive practices
File CFPB ComplaintMaryland Office of Financial Regulation
Report licensed mortgage company violations in Maryland
File MD Complaint