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A Texas woman is suing a mortgage lender, saying the company sent her two text messages and several pre-recorded voicemail messages that she didn’t consent to.
In a nationwide class action lawsuit filed Wednesday in the Southern District of Texas, Plaintiff Moquita Quinan says mortgage loan provider Jet Lending violated the Telephone Consumer Protection Act (TCPA) when it contacted her to refinance her mortgage.
The TCPA is a federal law that was enacted in 1991 to protect consumers from telemarketers. It prohibits calling a cell phone number using an artificial or pre-recorded voice without the recipient’s prior express consent.
It aims to protect consumers from unwanted marketing communications from companies via phone, cell phone, text, and fax. It also limits the use of autodialers and robocalls. This includes text messages or robocalls from mortgage lenders.
Quinan says she got one text from Jet in January last year, and another in September, both offering to help her refinance her mortgage. In September and throughout 2020, the company also left pre-recorded voicemails on her mobile phone.
“When Plaintiff listened to the voice messages, she was easily able to determine that it was a prerecorded message,” the class action says.
“At no point in time did Plaintiff provide Defendant with her express written consent to be contacted by prerecorded message.”
Quinan claims the unsolicited prerecorded messages caused her harm, including invasion of privacy, aggravation, annoyance, intrusion on seclusion and trespass.
“Defendant’s call also inconvenienced Plaintiff and caused disruption to Plaintiff’s daily life,” the class action contends.
Quinan is seeking to represent any United States resident who received a prerecorded message from Jet in the past four years without giving their consent. She believes the nationwide Class will number in the thousands.
The class action lawsuit is asking for certification of the class action, damages of up to $500 for every violation and $1,500 for every willful violation of the TCPA, an injunction preventing Jet from continuing the alleged practices and a jury trial.
This class action lawsuit comes days after a North Carolina woman sued a car dealership under the TCPA, alleging John Hiester Chevrolet called her three times and left pre-recorded voicemails on her phone without her consent.
Do you receive pre-recorded voicemails from companies trying to sell you something? Let us know in the comments!
The plaintiffs are represented by Ignacio Hiraldo of IJH Law.
The Jet Lending TCPA Class Action Lawsuit is Moquita Quinan, et al., v. Jet Lending, LLC., Case No. 4:21-cv-1229, in the U.S. District Court Southern District of Texas.
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