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Quicken Loans Unwanted Cell Phone Telemarketing Calls TCPA Class Action

When plaintiff Jeanne Pagano received a call from Quicken Loans, Inc., the company claimed it was calling in regard to an inquiry from her husband—except that her husband was deceased. The complaint for this class action claims that Quicken Loans makes telemarketing calls in violation of the Telephone Consumer Protection Act (TCPA) and that it does so even when consumers ask it to stop calling.

Three classes have been proposed for this action. The Autodialed No Consent Class for this action is

All persons in the US who,

Between January 18, 2014 and the present,

Received a cell phone call from Quicken or its agents, for telemarketing purposes,

For whom Quicken claims to have received prior written express consent in the same manner as it obtained prior written express consent to call plaintiff Pagano.

There is also an Autodialed Stop Class, for people who asked Quicken to stop calling and still received calls, and a Do Not Call Registry Class, for persons on the National Do Not Call Registry who received more than on call in twelve months from Quicken.

Quicken Loans is one of the largest mortgage lending companies in the US, using online applications rather than traditional brick-and-mortar branch locations. The complaint quotes from online complaints by consumers about Quicken’s robocalls, indicating that the calls to the plaintiffs in this case are not a rare accident.

The TCPA was passed to protect consumers from these types of unwanted telemarketing calls as well as unwanted faxes and text messages. The TCPA forbids companies from making telemarketing calls to consumer cell phones using automated dialing systems and/or artificial or pre-recorded voices unless that company has the consumers “prior written express consent” for the calls. Needless to say, most companies would find it difficult to obtain such a thing.

Plaintiff Pagano’s cell phone number was on the National Do Not Call Registry. Still in or around June 2017, the complaint alleges she received the telemarketing calls from Quicken. She asked the company to stop calling her, the complaint says, but received yet another call from the company asking again for her dead husband.

Plaintiff Dana Norris had put his home telephone number on the National Do Not Call Registry as well, but in December of 2017, the complaint alleges he received repeated calls from Quicken, made with an autodialer. Even though he asked the company to stop calling him, the complaint says, he received at least six calls from the company, including two in one day.

According to the complaint, neither of the plaintiffs had given their number to Quicken; neither had given the company their prior express written consent to receive telemarketing calls. 

Article Type: Lawsuit
Topic: Consumer

Most Recent Case Event

Quicken Loans Unwanted Cell Phone Telemarketing Calls TCPA Complaint

January 18, 2018

When plaintiff Jeanne Pagano received a call from Quicken Loans, Inc., the company claimed it was calling in regard to an inquiry from her husband—except that her husband was deceased. The complaint for this class action claims that Quicken Loans makes telemarketing calls in violation of the Telephone Consumer Protection Act (TCPA) and that it does so even when consumers ask it to stop calling. The complaint claims that neither plaintiff Pagano nor plaintiff Dana Norris gave Quicken prior express written consent to make telemarketing calls to them, that both asked the company to stop, but that Quicken continued to call.

quicken_loans_tcpa_complaint.pdf

Case Event History

Quicken Loans Unwanted Cell Phone Telemarketing Calls TCPA Complaint

January 18, 2018

When plaintiff Jeanne Pagano received a call from Quicken Loans, Inc., the company claimed it was calling in regard to an inquiry from her husband—except that her husband was deceased. The complaint for this class action claims that Quicken Loans makes telemarketing calls in violation of the Telephone Consumer Protection Act (TCPA) and that it does so even when consumers ask it to stop calling. The complaint claims that neither plaintiff Pagano nor plaintiff Dana Norris gave Quicken prior express written consent to make telemarketing calls to them, that both asked the company to stop, but that Quicken continued to call.

quicken_loans_tcpa_complaint.pdf
Tags: Called Number on Do Not Call Registry, TCPA, Unsolicited Cell Phone Calls, Use of Automatic-Capable Dialer