KS Statebank Text Messages to Promote Mortgage Business TCPA Class Action

What is it about telemarketing that makes it attractive to financing companies? The complaint for this class action alleges that KS Statebank Corporation, a mortgage originator and bank, has sent text messages to consumers in a way that violates the Telephone Consumer Protection Act (TCPA).

The class for this action is all persons in the US to whose cell phones was sent a text message using the same type of equipment as was used to send text messages to the plaintiff in this case, from KS Statebank or anyone acting on its behalf, between March 10, 2016 and March 10, 2020.

The TCPA makes it unlawful for a telemarketers to place non-emergency calls to consumer cell phones, using an automatic dialing system or an artificial or prerecorded voice, unless they have the consumers’ prior express written consent to receive such calls.

Cell phones are singled out in this way because cell phone owners typically pay for incoming as well as outgoing calls, which forces them to bear some of the costs of telemarketers’ advertising.

In this case, plaintiff Ricci Saliba received quite a number of unwanted text messages from KS Statebank, on her cell phone. The messages came in on October 18 and 25, November 2, 8, 9, 14, 23, 30, December 5, 13, 23, 2019, and January 1, 8, 15, and 16, 2020.

The first message began: “More bang for your buck! Recent lower rates mean your clients can afford more house. If they are looking to upsize, current market conditions coupled with low interest rates will afford them more purchasing power to go bigger with smaller monthly payments. Call direct or e-mail…”

Another message gives a little business advice: “Referring your clients to a LO reflects on you. At KS State, your customers will discover hands-on support, competitive rates and minimal low costs. My consultative approach involves the borrower when necessary but does not overwhelm them. Call direct or e-mail…”

By the final text message, the tone has become considerably more personal: “My wife and I have been married 17 years and have three children. I’m known as the grill master…”

The complaint alleges, “[KS Statebank’s] text messages constitute telemarketing/advertising because they promote [KS Statebank’s] business, goods and services.” “Specifically, they promote [KS Statebank’s] mortgage origination and mortgage financing business.”

However, the complaint alleges that plaintiff Saliba never gave the company her prior express written consent to place calls to her cell phone.

The complaint alleges violations of the TCPA.

Article Type: Lawsuit
Topic: Privacy

Most Recent Case Event

KS Statebank Text Messages to Promote Mortgage Business TCPA Complaint

March 10, 2020

What is it about telemarketing that makes it attractive to financing companies? The complaint for this class action alleges that KS Statebank Corporation, a mortgage originator and bank, has sent text messages to consumers in a way that violates the Telephone Consumer Protection Act (TCPA).

KS Statebank Text Messages to Promote Mortgage Business TCPA Complaint

Case Event History

KS Statebank Text Messages to Promote Mortgage Business TCPA Complaint

March 10, 2020

What is it about telemarketing that makes it attractive to financing companies? The complaint for this class action alleges that KS Statebank Corporation, a mortgage originator and bank, has sent text messages to consumers in a way that violates the Telephone Consumer Protection Act (TCPA).

KS Statebank Text Messages to Promote Mortgage Business TCPA Complaint
Tags: TCPA, Unsolicited Text Messages