A proposed class action lawsuit claims Quicken Loans Inc. placed spam calls and sent telemarketing texts to consumers without first obtaining permission to do so.
According to the case, the lead plaintiff began to receive calls and texts advertising Quicken Loans’ services in October 2018 from two different numbers registered to the company. The case contends that these messages were sent by Quicken using an automatic telephone dialing system (ATDS) that had the capability to randomly or sequentially dial numbers and send out calls or texts en masse and without human intervention.
The plaintiff claims he is not a Quicken Loans customer, has never provided his number to the company and did not consent to receive telemarketing messages from the defendant. Further, the plaintiff argues that he explicitly revoked consent to receive telemarketing messages when he answered one of Quicken’s calls and directly asked the company to stop contacting him.
Under the Telephone Consumer Protection Act (TCPA), it is forbidden to use an ATDS to send telemarketing calls or texts without the prior express written consent of the recipient, the case explains. The complaint argues that Quicken Loans never obtained the plaintiff’s consent, and any consent that may have existed was revoked when the plaintiff requested an end to the defendant’s messages.
The lawsuit looks to represent the following class of consumers who received a telemarketing call from the defendant:
“All persons within the United States who received any solicitation/telemarketing telephone calls from Defendant to said person’s cellular telephone made through the use of any automatic telephone dialing system or an artificial or prerecorded voice and such person had revoked any prior express consent to receive such calls prior to the calls within the four years prior to the filing of this Complaint.”
The suit also seeks to represent anyone in the U.S. who received an unsolicited text from the defendant that was made for non-emergency purposes or without the recipient’s prior express written consent within four years of the complaint’s filing.