Law360 (November 25, 2025, 4:13 PM EST) -- Lending Tree's insurance comparison subsidiary QuoteWizard.com LLC violated the Telephone Consumer Protection Act by placing unsolicited prerecorded telemarketing calls to people's phones without first getting their express consent, according to a proposed class action filed Monday in North Carolina federal court.
QuoteWizard.com sent unsolicited prerecorded telemarketing voice calls to people's cell phones without first obtaining their consent to do so, in violation of the Telephone Consumer Protection Act, according to a putative class action complaint filed Monday in North Carolina federal court. (Court Documents)
In an eight-page complaint filed in the Western District of North Carolina, Shelly Toledo alleges she received an unsolicited voice message on her cellphone from QuoteWizard on Nov. 1 that contained a prerecorded voice inviting her to visit its website for car insurance quote requests.
The suit asserts a single cause of action under the TCPA.
"Defendant's prerecorded message call constitutes telemarketing/advertising because their purpose was to promote defendant's business, goods and services," the complaint alleges. "At no point in time did plaintiff provide defendant with her express written consent to be contacted for marketing purposes by prerecorded messages."
Toledo seeks to represent a proposed class of all U.S. residents who received an artificial prerecorded voice message from QuoteWizard within the last four years, where the objective was to encourage them to buy, rent or invest in its goods and services.
The suit further alleges Toledo and her fellow class members are entitled to an award of $500 in statutory damages for each call under the TCPA and may have those damages trebled to $1,500 if the defendant's actions are found to have been willful or knowing.
According to the complaint, it's a violation of the TCPA to place any nonemergency calls using automatic phone dialing systems, artificial and prerecorded voice messages to any number assigned to a mobile carrier service, or any service for which the recipient is charged for that call.
The TCPA also prohibits any initiation of a call to a residential line using an artificial and prerecorded voice to deliver a message without prior express written consent from the recipient of the phone call.
Toledo said there are common legal and factual questions to class members that predominate over any individualized issues. Those include whether QuoteWizard placed nonemergency calls to the class members' phones through prerecorded messages, whether the company can show it did receive prior express written consent to place those calls, and whether the company's conduct was knowing and willful.
Toledo asks the court to certify the class, appoint her as class representative and her attorneys as class counsel, and to award the plaintiffs actual, statutory and treble damages. Toledo also wants the court to declare QuoteWizard's conduct violated the act, and to stop it from placing unsolicited calls to people without getting their consent first.
"Plaintiff demands that defendant take affirmative steps to preserve all records, lists, electronic databases or other itemizations associated with the allegations herein, including all records, lists, electronic databases or other itemizations in the possession of any vendors, individuals, and/or companies contracted, hired, or directed by defendant to assist in sending the alleged communications," the complaint concludes.
Similar suits have been filed this year against companies accused of violating the TCPA by placing unwanted phone calls or sending text messages to advertise their services.
In March, Kaila & Solomon Law Group, which does business as Guardian Law, and marketing company ClicTree LLC were sued in Georgia federal court alleging they violated the TCPA by making unsolicited telemarketing calls to people on the National Do Not Call Registry.
Two months ago, a Michigan federal judge ordered mortgage lender LoanDepot.com LLC to face class allegations that it called people without their consent to advertise its loan products and kept calling people who asked it to stop.
Earlier this month, a southern California cannabis dispensary was hit with a proposed class action alleging it violated the TCPA by sending unsolicited telemarketing messages to individuals to promote its services, despite the fact their numbers have been placed on the national Do Not Call Registry.
Representatives for Toledo and the defendant did not immediately respond to inquiries seeking comment Tuesday.
Toledo is represented by David M. Wilkerson of Wilkerson Justus PLLC and Manuel S. Hiraldo of Hiraldo PA.
Counsel information for QuoteWizard was not immediately available.
The case is Shelly Toledo v. QuoteWizard.com LLC, case number 3:25-cv-00949, in the U.S. District Court for the Western District of North Carolina.
-Additional reporting by Kelcey Caulder and Danielle Ferguson. Editing by Amy French.
For a reprint of this article, please contact reprints@law360.com.
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