Happy New Year TCPAWorld!

So we all know QuoteWizard.com, LLC had a VERY eventful 2024. Well new year, new TCPA class action.

The plaintiff, represented by Andrew Roman Perrong—famous for his pro se TCPA battles and now a practicing attorney—alleges in a newly filed complaint against QuoteWizard in the Middle District of Pennsylvania that his phone number was on the National Do Not Call Registry, yet he received multiple telemarketing texts and at least one prerecorded call pitching insurance products. The suit alleges QuoteWizard’s messages addressed him as “Gary,” even though his name is Leon.

According to the complaint, the plaintiff never requested these calls or texts and never provided any form of consent. Instead, he claims that when he tried to opt out by pressing a number prompt, he eventually connected to a representative who admitted that misdialed or mislabeled calls “happen a lot.”

Yeah…

The plaintiff is now proposing two separate classes:

Robocall Class: All persons in the United States who, (1) within four years prior to the commencement of this litigation until the class is certified (2) received one or more calls on their cellular telephone or any other protected telephone service (3) from or on behalf of QuoteWizard, (4) sent using the same, or substantially similar, pre-recorded message used to contact the Plaintiff.

National Do Not Call Registry Class: All persons within the United States: (1) whose residential telephone numbers were on the National Do Not Call Registry for at least 31 days; (2) but who received more than one telephone solicitation call, text message, or combination thereof, from Defendant or a third party acting on Defendant’s behalf; (3) within a 12-month period; (4) within the four years prior to the filing of the Complaint.

Again, this latest complaint comes on the heels of other recent trouble for QuoteWizard.

In Mantha v. QuoteWizard.com, LLC, the Massachusetts court certified a HUGE class after concluding that alleged consent disclosures failed to specifically name QuoteWizard, raising the prospect of MASSIVE damages. READ MORE HERE.

In another, Grochowski v. QuoteWizard.com, LLC, a Florida court dismissed the non-Florida plaintiffs for lack of personal jurisdiction but let the Florida plaintiff’s claims go forward. READ MORE HERE.

The lessons here are loud and clear. Make sure you have consumer consent to utilize regulated technologies, confirm that you are not contacting numbers on the DNCR without the requisite consent, and verify that you are dialing the right consumers (i.e. RND scrubbing).