A federal judge in Florida rejected Quicken Loans’ argument that
a Telephone Consumer Protection Act (TCPA) class action plaintiff did
not have standing.
Quicken Loans Inc. attempted to dodge a TCPA class action lawsuit by claiming
the plaintiff did not sufficiently allege that the calls in question were
made using an autodialing system. The federal judge in Florida presiding
over the case ruled that the plaintiff did, in fact, sufficiently allege
that the calls were autodialed, allowing the class action to move forward.
The TCPA provides relief to consumers who have received autodialed phone
calls as well as automated text messages. This applies to telemarketers
and solicitors as well as debt collection agencies and other creditors.
The TCPA provides that consumers are entitled to $500-$1,500 per violation.
Although Quicken Loans claimed that the lead plaintiff did not sufficiently
claim that Quicken used an automatic dialing system, after evaluating
the complaint, the judge noted that the plaintiff had mentioned autodialing
at least 15 times and made specific references to these calls.
Going further, Quicken Loans claimed that in order for the plaintiff’s
claims to stand, specific allegations should have been made regarding
the type of equipment Quicken used to autodial calls, but the judge ruled:
“This is a far too exacting standard – too high of a burden
to expect a plaintiff to know.”
The lawsuit claims that Quicken Loans used phone numbers it purchased from
a credit reporting bureau. The lead plaintiff in the case noted receiving
calls from Quicken Loans using six different phone numbers during the
months of January and February of 2013.
The plaintiff described the content of the calls as a pre-recorded sales
pitch promoting Quicken’s financial products.
Anyone who has received autodialed or prerecorded phone calls or automated
text messages without their express written consent can call Meyer Wilson
to learn more!