JG Wentworth Unwanted Text Messages to Cell Phones TCPA Class Action

The cause of action in a Telephone Consumer Protection Act (TCPA) case need not be complicated. The complaint for this class action quotes the findings of an earlier case, saying that the plaintiff in a TCPA case must only set forth allegations showing that a telemarketer “called a number assigned to a cellular telephone service using an automatic dialing system or prerecorded voice.”

The word “call” in this context is broad. It includes making regular voice calls, dispatching “ringless voicemails,” and sending text messages. In order to make such calls legal, the caller must have the recipient’s prior express written consent to receive such calls.

In this case, plaintiff Cory Simpson received a text message, on or about May 22, 2018. The message said, “Hello! This is Ashlee from JG Wentworth. We can communicate through text if you prefer, or you can call me 866-494-3690. I look forward to hearing from you.

The complaint alleges, “The telephone number in the above-depicted message is leased or owned and is operated and maintained by or on behalf of [JG Wentworth]…”

Also, it says, “Each unsolicited text message sent by or on behalf of [JG Wentworth] to [Simpson’s] 9852 Number originated from the telephone number (484) 870-9094, which is a dedicated telephone number leased or owned by or on behalf of [JG Wentworth] that [JG Wentworth] uses to transmit text messages to consumers en masse, in an automated fashion and without human intervention.”

The fact that the messages sent by the company contain “generic, pro forma content” are another sign that they were sent by an automatic dialing system, the complaint contends, as is the fact that a dedicated telephone number was used to transmit the messages.

Simpson claims he did not give the company his prior express written consent to send him such messages.

The class for this action is

• All persons in the US who, between February 14, 2016 and the present,

• Subscribed to a cell phone service,

• Received, at the number assigned to the service, at least one text message promoting the sale of goods or services that was sent by or on behalf of the JG Wentworth Company using the same or substantially the same dialing system that JG Wentworth used to send the text messages in this case, and

• For whom JG Wentworth has no record of the persons’ providing “prior express written consent” to receive such messages.

Article Type: Lawsuit
Topic: Privacy

Most Recent Case Event

JG Wentworth Unwanted Text Messages to Cell Phones TCPA Complaint

February 14, 2020

The cause of action in a Telephone Consumer Protection Act (TCPA) case need not be complicated. The plaintiff in a TCPA case must only make allegations showing that a business called consumer cell phone number using an automatic dialing system or prerecorded voice.

JG Wentworth Unwanted Text Messages to Cell Phones TCPA Complaint

Case Event History

JG Wentworth Unwanted Text Messages to Cell Phones TCPA Complaint

February 14, 2020

The cause of action in a Telephone Consumer Protection Act (TCPA) case need not be complicated. The plaintiff in a TCPA case must only make allegations showing that a business called consumer cell phone number using an automatic dialing system or prerecorded voice.

JG Wentworth Unwanted Text Messages to Cell Phones TCPA Complaint
Tags: TCPA, Unsolicited Text Messages