Update: January 12, 2004:
The California Attorney General's office filed suit against LMA Marketing (aka: Mortgage Concepts). To read the complaint filed in US District Court, go to:
To read the release put out by the AG's office, see
The case could clarify how a "survey" is defined under updates to the Telephone Consumer Protection Act (TCPA) and the new Federal Do Not Call Registry.
Consumers in Southern California say they have been receiving calls from a company called Mortgage Concepts even though they are on the National Do Not Call Registry. The pre-recorded outbound sales calls ask consumers to push a number on their phone if they are the homeowner. They are then asked additional questions such as whether they are in the market to refinance their mortgage and are told a representative from Mortgage Concepts will call them back. When a representative does call them back, the company does not disclose information about their whereabouts.
According to the company that is contracted for the outbound calls, LMA Marketing from New Smyrna Beach, Florida, they are not violating the Do Not Call Registry because they are conducting a survey, even though consumers who respond to the survey receive a follow up call offering a mortgage product.
Two legitimate companies with the same Mortgage Concepts name, are receiving calls from irate consumers from California, Washington, and Colorado who are on the Do Not Call Registry. One of the legitimate Mortgage Concepts has hired a private investigator to track down the company who is having the calls placed.
Any action taken against the company could establish important case law under the new telemarketing laws regarding what is a legitimate survey that is exempt from compliance with the Do Not Call Registry.
If you have received a call on behalf of Mortgage Concepts, please notify us using our online inquiry form at www.privacyrights.org/qwertyuiopasdfghjkl.php and file a complaint with the Federal Trade Commission if you are on the Do Not Call Registry at https://www.donotcall.gov/Complain/ComplainCheck.aspx.
To learn more about exemptions to the National Do Not Call Registry including surveys, see our fact sheet 5 at www.privacyrights.org/fs/fs5-tmkt.htm.
Beth Givens, PRC Director