Proposed TCPA Class Action Against QuoteWizard

A recent lawsuit filed in the United States District Court for the Western District of North Carolina is spotlighting risks businesses face when using prerecorded telemarketing messages without proper consent. The case, Toledo v. QuoteWizard.com, LLC, 3:2025CV00949 (W.D.N.C. 11.24.25) alleges that QuoteWizard, an insurance comparison subsidiary of LendingTree, violated the Telephone Consumer Protection Act (TCPA) by making unsolicited prerecorded telemarketing calls to consumers’ cell phones without obtaining express written consent.

According to the complaint, Shelly Toledo received a prerecorded voice message on her cell phone from QuoteWizard. The message purported to follow up on an auto insurance quote request, encouraged her to visit the QuoteWizard website, and offered a callback number. Toledo claims that she never provided QuoteWizard with her express written consent to receive marketing communications via prerecorded messages.

The lawsuit alleges TCPA violations restricting most unsolicited telemarketing calls, including those using prerecorded or artificial voices, to mobile devices and residential lines without prior express written consent. Toledo seeks to certify a nationwide class of individuals who received similar prerecorded telemarketing calls from QuoteWizard in the past four years, with the aim of statutory and treble damages, as well as an order to prohibit such conduct in the future.

The proposed class is defined as all U.S. residents who received artificial or prerecorded voice messages from QuoteWizard within four years preceding the lawsuit, where the purpose was to encourage purchase or rental of the company’s goods or services. The complaint alleges the class may number “in the several thousands, if not more.”

Toledo seeks:

• An order certifying the case as a class action and appointing her as class representative;
• Actual, statutory, and treble damages for plaintiffs;
• A declaration that QuoteWizard’s activities violated the TCPA; and
• An injunction prohibiting further unsolicited calls without express consent.

The QuoteWizard case is part of a rising national trend of TCPA lawsuits targeting companies for unauthorized calls and texts. Recent months have seen suits against law firms, marketing companies, mortgage lenders, and cannabis dispensaries for similar alleged violations. Courts have frequently upheld the right of consumers to pursue statutory and treble damages for unwanted telemarketing communications.

Consider thesekey takeaways for your business to avoid TCPA violations and lawsuits:

• Consent is king: Businesses must obtain clear, prior express written consent before placing prerecorded or automated telemarketing calls to consumers’ mobile or residential lines;
• Litigation risks, including class actions, for violations of the TCPA are growing, especially as statutory damages can accumulate quickly across many recipients; and
• Even a single unsolicited prerecorded call may expose a business to liability; widespread campaigns can result in significant damages and court-ordered injunctions.