Plaintiff Richard Winters Jr. claims that, beginning in October 2018, Quicken Loans contacted him with calls and text messages to his cell phone in an attempt to solicit services.
The plaintiff says that the defendant contacted him from telephone numbers (480) 337-7104 and (480) 305-9634, which were confirmed to be owned by Quicken Loans. Winters states that he was not a customer of the defendant and never supplied his number to Quicken Loans.
The Quicken Loans class action complaint claims that he once answered the call from the company and asked the company to stop calling him. But the calls and texts continued, the plaintiff says.
“Concurrent with the telephone calls, Defendant began to use Plaintiff’s cellular telephone for the purpose of sending Plaintiff spam advertisements and/or promotional offers, via text messages,” according to the Quicken Loans class action lawsuit.
The plaintiff claims that he received a text message promoting the contact information of a mortgage banker with the company. The text allegedly included a mobile number, email, fax number, and other information.
The Quicken Loans class action states that he received numerous similar solicitation calls and texts from Quicken Loans during a 12-month period. These text messages were allegedly placed using an automated telephone dialing system (ATDS), which is prohibited by the TCPA.
Winters believes that the potential Class Members could number in the thousands and thus the lawsuit should be Class certified.
Winters is seeking up to $1,500 in damages for each call that Quicken Loans made to his cell phone, which would exceed the $5 million threshold for jurisdiction in federal court.
There are three potential classes in this case: The ATDS Call Class, The ATDS Call Revocation Class, and The ATDS Text Class.
Potential Class Members of the ATDS Call Class include: consumers who received any solicitation/telemarketing telephone calls from Quicken Loans placed using a automatic telephone dialing system or an artificial/prerecorded voice despite not having previously consented to receiving such calls within the last four years.
Potential Class Members of the The ATDS Call Revocation Class include: consumers who received any solicitation/telemarketing telephone calls from Quicken Loans placed using a automatic telephone dialing system or an artificial/prerecorded voice despite having revoked any prior express consent within the four years.
And Potential Class Members of The ATDS Text Class include: consumers who received any non-emergency text messages from Quicken Loans despite not having previously consented to receiving such texts within the last four years.
Did you receive unsolicited calls or texts from Quicken Loans? Leave a message in the comments section below.
The plaintiff is represented by David J. McGlothlin and Ryan L. McBride of Kazerouni Law Group APC.
The Quicken Loans TCPA Class Action Lawsuit is Richard Winters Jr. v. Quicken Loans Inc., Case No. 2:20-cv-00112, in the U.S. District Court for the District of Arizona.
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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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