Kehoe Law Firm, P.C. is making consumers aware that on January 27, 2019 a class action lawsuit was filed in United States District Court, District of Minnesota, “. . . for damages, injunctive relief, and any other available legal or equitable remedies, resulting from the illegal actions of defendant QUICKEN LOANS INC. . . . in negligently and/or intentionally contacting Plaintiff on her cellular telephone, in violation of the Telephone Consumer Protection Act, 47 U.S.C. § 227, et seq., (‘TCPA’) . . . .”
According to the class action complaint:
According to Quicken Loan’s website, an individual can sign up for Quicken Loans Text Alerts by texting AMAZE to the short code 262-93.
Sometime prior to November 2018, [the Plaintiff] went onto QuickenLoans.com to compare rates using Quick Loans’ Mortgage Calculator, a free service. At no time did [the Plaintiff] text AMAZE to the short code 262-93, or consent to receive text messages in any other way.
On or about November 26, 2018, at approximately 4:34 p.m., Quicken Loans sent [the Plaintiff] a marketing text message to her cellular telephone ending in “3058”, from the short code 262-93. The November 26, 2018, text message read:
Quicken Loans: Time’s running out on our Biggest Deal of the Year! Lock your rate now. http://m.qloans.co/N2CRyGuU Reply HELP for help, STOP to end text
[The Plaintiff] had received several marketing text messages identical to the one above for the past two months. Each time that Plaintiff received this text in the past, she responded with “Stop.”
However, such requests went unheeded, as [the Plaintiff] received another text message on November 26, 2018.
Having no other option, on November 26, 2018, Ms. Hyde yet again responded to the text message with “Stop”.
Similar to her other attempts, Quicken Loans responded with:
QLTextAlerts: You are unsubscribed & will no longer receive messages from us. Reply HELP for help. Msg&Data Rates May Apply. 1-800-863-4332
Despite this clear revocation of consent (if consent had existed in the first instance) and Quicken Loans[‘] acknowledgment of the revocation, on December 4, 2018, at approximately 12:34 p.m., Quicken Loans sent [the Plaintiff] another text message from its SMS short code soliciting their business.
The December 4, 2018 text message read as follows:
Quicken Loans Rate Alert: Rates have dropped! See Today’s Rates: http://m.qloans.co/GsaryGBE Reply HELP for help, STOP to end text
As [the Plaintiff] had done many times before, [the Plaintiff] replied in a text message with the word “STOP”.
The complaint also alleges that Quicken Loans did not have the Plaintiff’s prior express written consent to send the text messages to the cellular telephone of the Plaintiff, “especially after Plaintiff had clearly and expressly requested on multiple occasions that Quicken Loans cease sending text messages.”
Further, Quicken loans, allegedly, “sent or transmitted on its behalf, the same or substantially similar unsolicited text messages en masse to thousands of customers’ cellular telephones nationwide,” and sent “text messages to Plaintiff’s cellular telephone using short message script (‘SMS’) messaging technology, specifically SMS ‘262-93’.”
Do You Believe You Are a Victim of Illegal Robocalls, Text Messages, “Junk” Faxes or Telemarketing Sales Calls?
If you have received illegal robocalls, text messages, “junk” faxes or telemarketing sales calls, you may be able to recover at least $500 for each illegal call, text or fax you received and, possibly, as much as $1,500 for each illegal call, text message or facsimile that was made either willfully or knowingly in violation of the Telephone Consumer Protection Act.
To help evaluate your potential legal claims under the Telephone Consumer Protection Act, please complete KLF’s confidential Robocall Questionnaire or, if you prefer to speak with an attorney, please complete the form above on the right, e-mail [email protected] or contact Michael Yarnoff, Esq., [email protected], (215) 792-6676, Ext. 804, for a free, no-obligation evaluation of your potential legal rights.