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!