Quicken Loans Class Action Accuses Company of Sending Robocalls

A Quicken Loans class action lawsuit accuses the mortgage loan company of sending telemarketing phone calls.

Plaintiff Tom Mahoney claims that Quicken Loan contacted him numerous times on his cell phone to advertise its products and services.

According to Mahoney, he did not give permission to the company to do so, and thus, the company’s conduct violates the Telephone Consumer Protection Act, which prohibits companies from telemarketing — or sending text messages and phone calls to consumers without their prior written, express consent.

The Quicken Loans class action lawsuit states that Mahoney started receiving phone calls from Quicken Loans in April 2018. He claims that the purpose of the calls was to advertise Quicken Loans’ products and services, especially home mortgage loans.

Allegedly, the messages referenced the fact that he entered into a sweepstakes put on by HDTV. The messages included language like the following:

“Hi Tom, this is ____ giving you a call from Quicken Loans. We are calling about that entry to the HDTV home giveaway sweepstakes. As part of that sweepstakes, we’re offering you a complementary mortgage review. It is important to call as soon as possible at 866-349-8543. Thank you in advance for your return call.”

Mahoney claims that he did not respond to this message, or to the following messages, all of which concerned home mortgages.

The Quicken Loans TCPA class action lawsuit states that Mahoney did enter the HDTV sweepstakes but the messages violated the Telephone Consumer Protection Act because when the plaintiff entered the sweepstakes, he specifically did not check a box on the entry form that would allow Quicken Loans to contact him.

The TCPA prohibits businesses from contacting individuals without getting their prior written, express consent, and as Mahoney did not check the box allowing Quicken Loans to contact him, he states that he specifically did not give his consent.

Additionally, the plaintiff claims that at other points during the last year, he received other calls from Quicken Loans about other sweepstakes he had entered, and during those calls, had told the Quicken Loans representatives to not call him.

Mahoney goes on to state that Quicken Loans’ messages to him violated the TCPA because he listed his number on a national “Do Not Call” list, and that businesses are prohibited under the TCPA from contacting numbers on such lists.

The Quicken Loans class action lawsuit alleges that Mahoney was emotionally injured by Quicken Loans’ practice because it caused him irritation, and was districting and disruptive. He also claims that it reduced his enjoyment of his phone, which was bombarded by calls from the company.

Further, Mahoney claims that he was financially injured because he was forced to use phone data and wifi to receive the calls against his wishes. He seeks damages on behalf of himself and all similarly affected consumers.

The plaintiff is represented by Brandon J. Hill of Wenzel Fenton Cabassa PA, and Chris R. Miltenberger of The Law Office of Chris R. Miltenberger PLLC.

The Quicken Loans TCPA Violations Class Action Lawsuit is Tom Mahoney v. Quicken Loans Inc., Case No. 2:18-cv-00324-UA-MRM, in the U.S. District Court for the Middle District of Florida, Fort Myers Division.

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If you were contacted on your cell phone by a company via an unsolicited text message (text spam) or prerecorded voice message (robocall), you may be eligible for compensation under the Telephone Consumer Protection Act.

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