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J.G. Wentworth Telemarketing Texts TCPA Class Action

The complaint for this class action describes the J. G. Wentworth Company as “a structured settlement or annuity payment purchasing company.” At issue here, however, is not its business but its alleged method of soliciting business: telemarketing. The complaint alleges that the company placed calls to consumer without permission in order to solicit business, thus violating the Telephone Consumer Protection Act (TCPA).

The class for this action is all persons in the US whose cell phone number Wentworth, or anyone acting on Wentworth’s behalf, sent a text message, advertising Wentworth’s services, between February 26, 2017 and February 26, 2021, where the persons had not given their prior express written consent.

The TCPA forbids businesses from (1) calling a cell phone number (2) using an automatic telephone dialing system (ATDS) (3) without the express written consent of the person who will receive the call.

The complaint refers to a previous case, alleging, “In an action under the TCPA, a plaintiff must only show that the defendant ‘called a number assigned to a cellular telephone service using an automatic dialing system or prerecorded voice.’”

How must a business show that it has obtained such consent? The complaint quotes the rules and regulations implementing the TCPA, saying that a business must demonstrate that it gave the person a “‘clear and conspicuous disclosure’ of the consequences of providing the requested consent … and having received this information, agrees unambiguously to receive such calls at a telephone number the [plaintiff] designates.”

In this case, Wentworth allegedly sent a telemarketing text message to plaintiff Lowanda Fequiere’s cell phone around November 22, 2019. The message said, “You could turn your injury from a curse to a blessing! Give me a call 18334090423 to see how much your case can make. Txt Stop to End.”

The complaint alleges, “When a prospective customer, such as [Fequiere], calls the 833-409-0423 … [number] contained in [Wentworth’s] text message an automated message asks whether he/she currently ha a settlement and/or annuity for injuries previously sustained.” If the person does input the number indicating that they do, the complaint claims, they are transferred to Wentworth employees who begin marketing their services to the person.

“To make matters worse,” the complaint claims, “once consumers like [Fequiere] call the 0423 Number and select the option associated with [Wentworth], they begin receiving a barrage of calls” from a Wentworth number.

According to the complaint, Wentworth is clearly promoting its services with this message. Also, it claims that the “impersonal and generic nature” of the message and the recording that recipients hear if they call the 0423 number show that Wentworth used an ATDS to contact Fequiere. However, the complaint claims, Fequiere had never given her express written consent to be called by the company via an ATDS.

Article Type: Lawsuit
Topic: Privacy

Most Recent Case Event

J.G. Wentworth Unsolicited Cell Phone Calls TCPA Complaint

February 26, 2021

The complaint for this class action describes the J. G. Wentworth Company as “a structured settlement or annuity payment purchasing company.” At issue here, however, is not its business but its alleged method of soliciting business: telemarketing. The complaint alleges that the company placed calls to consumer without permission in order to solicit business, thus violating the Telephone Consumer Protection Act (TCPA).

J.G. Wentworth Unsolicited Cell Phone Calls TCPA Complaint

Case Event History

J.G. Wentworth Unsolicited Cell Phone Calls TCPA Complaint

February 26, 2021

The complaint for this class action describes the J. G. Wentworth Company as “a structured settlement or annuity payment purchasing company.” At issue here, however, is not its business but its alleged method of soliciting business: telemarketing. The complaint alleges that the company placed calls to consumer without permission in order to solicit business, thus violating the Telephone Consumer Protection Act (TCPA).

J.G. Wentworth Unsolicited Cell Phone Calls TCPA Complaint
Tags: TCPA, Unsolicited Text Messages, Use of Automatic-Capable Dialer