Carrie Tucker of Mesa is suing Quicken Loans after she claims she received "numerous" texts that were both unsolicited and unwanted.
The recently-filed lawsuit alleges Quicken sent messages without prior consent. If so, that would violate theTelephone Consumer Protection Act (TCPA).
By law, marketers must get "prior express written consent for all autodialed/pre-recorded calls and texts sent to cell phones and all pre-recorded calls to landlines."
In this case, lawyers are asking for class action status, claiming many people received similar unsolicited texts.
Quicken denies the lawsuit allegations, saying in part, they have "always been compliant with the Telephone Consumer Protection Act."
They call the lawsuit a "frivolous attempt at a windfall payoff."
But if you do get calls or texts from any business that violate the TCPA, you can sue -- and the fines are big.
They range from $500 to $1,500 for EACH call or text that violated the act.
So what do you need to make it happen?
- You would need proof. So make sure to keep all calls/texts with dates and times.
- You need to know exactly which business is responsible for the violations.
- Also know that unless you go it alone, your attorney will get most of the money from any judgment or settlement. You'd get some cash and hopefully the satisfaction that the business had to pay it.
Here is Quicken's full statement to Let Joe Know:
Quicken Loans has always been compliant with the Telephone Consumer Protection Act ("TCPA"). Our experience with these types of cases are often manufactured by plaintiff firms. In this case, Scott Palumbo from the Phoenix, Arizona firm of Palumbo Wolfe & Palumbo, P.C. and Frank Hedin of Hedin Hall LLP based out of Miami, Florida-are attempting to extract a settlement from a responsible, job-creating company hoping Quicken Loans will choose to 'pay them off' versus the prospect of long and costly litigation.
Any messages or texts that are left for our clients, or potential clients, are in response to consumers who have inquired or requested mortgage information, or to provide status updates and mortgage market updates to our existing customers.
There have been several similar attempts by unscrupulous plaintiff firms attempting to certify a class action case against Quicken Loans and numerous other companies over the past several years with no basis in fact or reality.
Quicken Loans has been successful in defeating these previous similar claims and we are confident that we will prevail in this frivolous attempt at a windfall payoff for this plaintiff firm.