Lendtek Facing Class Action Lawsuit Over Alleged Spam Text Messages

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I Fund Daily LLC, which does business as Lendtek, faces a proposed class action lawsuit filed by a Florida resident who claims the company sent him an “endless barrage” of unwanted telemarketing text messages.

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The 27-page lawsuit accuses Lendtek of violating the federal Telephone Consumer Protection Act (TCPA) and the Florida Telephone Solicitation Act, both of which prohibit companies from sending automated text messages to solicit their business without first obtaining the recipient’s consent. The plaintiff claims to be one of thousands of consumers who have been subjected to Lendtek’s allegedly illegal text message marketing campaign intended to promote its loan services.

According to the complaint, the defendant’s first text message to the plaintiff was sent on January 3, 2024 and stated that his “business loan application [was] currently incomplete.”

The plaintiff says he was unsure why the company contacted him, given that he had never applied for a loan from the company and never provided his permission for it to contact him. Per the suit, the man left this message and another one sent the next morning unanswered.

Then, on January 5, “[Lendtek] sent a barrage of text messages to [the plaintiff] consisting of over 30 text messages,” the case says. “Much like the first message [the plaintiff] received, [the defendant] identified itself as ‘Christian … from the Underwriting Department at Lendtek’ and proceeded to request information from [him] for the purposes of soliciting a loan.”

The filing claims that despite the plaintiff’s six requests for these text messages to stop, the man continued to receive solicitations from the company.

“[Lendtek’s] unsolicited text messages caused [the plaintiff] actual harm, including invasion of his privacy, aggravation, annoyance, intrusion on seclusion, trespass, and conversion,” the case contends. “[The defendant’s] text messages also inconvenienced [the plaintiff] and caused disruption to his daily life.”

The lawsuit looks to represent anyone who, within the past four years, was sent an automated telemarketing text message by or on behalf of Lendtek and from whom the company did not obtain prior express written consent, or had their written consent revoked.

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