Quicken Loans Sent Illicit Marketing Texts Without Consent, Class Action Claims

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Quicken Loans Inc. is the defendant in a proposed class action lawsuit that claims the mortgage lender illegally sent unsolicited, auto-generated spam texts to consumers.

The plaintiff claims that after Quicken Loans sent multiple unsolicited telemarketing texts advertising its services, he attempted to opt out of the messages by replying “Stop” as instructed in the company’s texts. According to the suit, while Quicken Loans acknowledged the plaintiff’s request and even informed the man that he would be unsubscribed from marketing texts, the company sent him at least one other message advertising its services.

According to the case, Quicken Loans’ messages to the plaintiff were sent through an automatic telephone dialing system (ATDS) that allowed the defendant to place thousands of calls and texts at once and effectively “shift[ed] the burden of wasted time to the consumers it call[ed].” The suit claims that the defendant’s texts were sent without the plaintiff’s prior consent and violated the Telephone Consumer Protection Act (TCPA).

The TCPA, the case explains, is a statute passed by Congress in 1991 designed to curb the “explosive growth of the telemarketing industry.” Under the TCPA, the complaint states, it is illegal to make any call or text for non-emergency purposes using an ATDS without the express written consent of the recipient.

The suit seeks to represent a class comprising all consumers in the U.S. who received one or more non-emergency texts from Quicken Loans using the same telephone system used to contact the plaintiff within the last four years.