Class Action: J.G. Wentworth Illegally Sent Marketing Texts without Recipients’ Permission
Simpson v. The J.G. Wentworth Company
Filed: February 14, 2020 ◆§ 1:20-cv-00827
A class action claims J.G. Wentworth illegally used an autodialer to send out marketing texts without first obtaining permission from recipients.
The J.G. Wentworth Company has been named as the defendant in a proposed class action lawsuit that claims the financial service provider sent out illicit marketing texts without first obtaining recipients’ permission.
According to the case, the lead plaintiff received the following text advertisement from the defendant on or about May 22, 2018:
“Hello! This is Ashlee from JG Wentworth. We can communicate through text if you prefer, or you can call me [phone number]. I look forward to hearing from you.”
The complaint contends that this text, which was allegedly placed using an automatic telephone dialing system (ATDS), “intruded upon Plaintiff’s seclusion” and invaded his privacy.
Under the Telephone Consumer Protection Act (TCPA), companies are forbidden from sending out marketing calls or texts using an ATDS without first obtaining the express written consent of the recipient, the case explains. The plaintiff claims he never consented to receive marketing texts from J.G. Wentworth and that the defendant used ATDS technology to send out similar unsolicited messages to other consumers en masse.
The lawsuit looks to represent all persons in the United States who, at any time within the last four years, received to their cell phone at least one telemarketing text message sent by or on behalf of J.G. Wentworth using the same ATDS technology that the defendant used to send texts to the plaintiff, and for whom the defendant has no record of express written consent.
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