LendingTree Hit with Lawsuit Over Alleged Telemarketing Calls
by Erin Shaak
Winters v. LendingTree LLC et al.
Filed: August 12, 2021 ◆§ 2:21-cv-01397
A lawsuit claims LendingTree placed telemarketing calls to consumers who never consented to receive them and whose numbers were listed on the National Do Not Call Registry.
Arizona
LendingTree LLC and its parent company face a proposed class action over their alleged practice of placing automated telemarketing calls to consumers who never consented to receive them and whose numbers were listed on the National Do Not Call Registry.
The lawsuit alleges LendingTree, an online marketplace for loans, has violated the Telephone Consumer Protection Act, a law that prohibits the use of an automatic telephone dialing system to place non-emergency telemarketing calls without first securing a recipient’s prior express consent to do so. The TCPA also prohibits the sending of multiple telemarketing calls within a 12-month period to numbers listed on the National Do Not Call Registry.
The plaintiff, a Mesa, Arizona resident, claims to have received a call from LendingTree to his cell phone in February 2021. According to the suit, the defendants used an automatic telephone dialing system to place telemarketing calls to the plaintiff’s cell phone on at least five occasions.
The plaintiff claims to have never provided his consent to be contacted by the defendants and says his cell phone number had been listed on the National Do Not Call Registry for several years prior to LendingTree’s initial call.
The case alleges LendingTree has no policy or practice in place to effectively prevent telephone solicitations that violate the TCPA’s Do Not Call Registry provision.
The plaintiff looks to represent anyone in the U.S. who, within the past four years, received a solicitation/telemarketing call from the defendants to their cell phone that was placed using an automatic telephone dialing system or an artificial or prerecorded voice and who had not previously consented to receive such a call.
The lawsuit also proposes to cover a class consisting of anyone in the U.S. whose number was registered in the National Do Not Call Registry for at least 30 days and who, within the past four years, received more than one call made by or on behalf of the defendants promoting the companies’ products or services within a 12-month period and had not granted LendingTree prior express consent to place the call, or had a prior established business relationship with the company.
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