The Reasons This Lawsuit Matters to everyday people

If you’ve ever tried to get a refinance, mortgage, or home equity loan you’re in contact with lenders and brokers. If these businesses violate rules, for instance or making unwelcome phone calls or misrepresenting the terms lawsuits like this could directly impact borrowers. Recovery (settlements) may be able to compensate individuals who have been hurt, and the result can force lenders to act more ethically. So, even if you’re currently involved with the litigation, you could be affected by the West Capital Lending lawsuit may affect how the mortgage and communication are dealt with across the entire industry.

Background: What is the Lawsuit Against Capital Loans in West?

Who are West Capital Lending?

West Capital Lending, Inc. is a mortgage brokerage company that was established in the year 2016. It connects borrowers to a variety of lenders and provides various loan programs. Their marketing and website indicate that they have a presence in several U.S. states.

Since it is an intermediary (not always the lending institution) It is a common cause of disputes regarding how aggressively it sells and communicates with consumers or handles permissions to communicate with prospective borrowers.

What is the allegations within the lawsuit(s)?

There are a variety of legal actions for West Capital Lending, mostly related to alleged violations of the Telephone Consumer Protection Act (TCPA). This law in the United States restricts phone calls text messages, calls, or other communications which were not consented to or made after consent was revoked.

Some examples:

• Ingram & Johnstone v. West Capital Lending Plaintiffs claim West Capital violated the TCPA by contacting them unintentionally or sending texts.
• Callier Callier. West Capital Lending, Inc. : Filed March 20, 2022, within the Western District of Texas; an earlier TCPA case seems to have been resolved at the end of May in 2022.
• Darren MacDonald v. West Capital Lending, Inc.: Filed March 2022 in the state of California’s Central District; also a TCPA action.
• Levison V. West Capital Lending, Inc.: Filed December 29, 2023 within the Southern District of Florida; further alleging violations of TCPA.

The majority of these actions claim the fact that West Capital made phone calls or texted people who did not have consented, had cancelled consent, or had been placed on do-not-call lists, in violation of the TCPA’s regulations regarding automated calls, uninvited marketing and the rights of consumers to privacy.

Who’s Affected/Who is entitled to claim

If you suspect that you could be affected by or be affected by these assertions, here’s the typical is eligible:

• People who received calls or texts or text messages from West Capital Lending (or its agents) without granting permission.
• The number that was listed on the National Do Not Call Registry or who specifically did not consent, but received calls.
• The people who have filed an action or lawsuit within the time limit of limitation (usually between two and four years, based on the rules of the state or federal government).
• Class actions (if approved) could involve a number of individuals who meet specific criteria (dates or locations or contact type).
• Individuals who suffered losses or costs (e.g. telephone charges, unwanted messages, or time spent) because of these communications.

If you’ve received unwanted texts or calls of West Capital Lending in the recent past and didn’t solicit them it is possible that you are eligible to join the club or file an action.

Timeline: Important Events

• April 2022 — Callier in v. West Capital Lending, Inc. filed (TCPA).
• April 2022 -March 2022 – Darren MacDonald v. West Capital Lending, Inc. filed (TCPA).
• Mai 2022 -May 2022 – Callier V. case reportedly terminated.
• December 20, 2023 -2023 – Levison in v. West Capital Lending, Inc. filed in Florida in the state of Florida, claiming TCPA violations.
• Continuous motions, litigation and perhaps the process of class certification is being handled within these instances. (No public announcement yet on the final resolutions.)

Since TCPA litigation typically proceeds through certification appeals, motions and certification the cases could be lengthy to resolve.

What’s At Stake

What could be at stake In West Capital Lending’s lawsuit: West Capital Lending lawsuit:

• Damages for money under TCPA Plaintiffs are entitled to legal damages typically $500 per offense (or up to $1500 per offense in the case of willful or deliberate) in addition to actual damages.
• Costs for legal and other attorney charges The losing party could be required to pay for legal fees which can make the financial risk greater.
• Changes to the way we communicate If plaintiffs prevail (or decide to settle), West Capital may have to change the way they communicate with customers via text or phone and tighten consent records and cut down on unsolicited text messages.
• Impact on the entire class In class action situations there are many who can gain from a favorable outcome and not only those named as plaintiffs.
• Privacy and protection of consumers The case could confirm or strengthen the way in which the law shields users from unsolicited calls.

On the other hand, West Capital Lending will claim they have consented and complied with the law or that plaintiffs aren’t able to prove. If they prevail, the plaintiffs might not receive any compensation.

What to watch next / Case Update

If you’re following the lawsuits that are surfacing, this is the things to keep an eye on:

• Motions to Dismiss Motions to dismiss West Capital may try to dismiss cases based on procedural grounds (lack of standing or incorrect plea).
• Certificate of class in cases where the intention is to represent many people, the court has to decide if it is appropriate to issue a certificate of an entire class.
• Discovery DiscoveryIf the cases are able to survive initial motions the parties will trade documents such as call logs and consent records.
• Proposals for settlement A lot of TCPA cases settle prior to trial. A settlement for a class could be offered.
• Court verdicts or court rulings Judges may decide on damages, liability or even class status.
• Appeal -even favorable decisions are able to be appealed, which delays the resolution.

If you received a call from West Capital Lending, monitor any notices you receive, record of any texts or calls and the consent status, and keep track of the dockets for the cases (Callier, MacDonald, Levison, Ingram) for class-action developments.

FAQs

Question 1: Do i qualified to claim something?
If you received texts or calls by West Capital Lending without giving permission (or after refusing permission) it could be an TCPA claim. If you were invited to the class, you may be able to take part.

2. Do I require an attorney?
Although you are able to represent yourself, a lawyer who is knowledgeable with TCPA as well as consumer protection laws can assist you to determine whether consent defenses are appropriate or damages, as well as whether you should join an action in a class.

Q3 When do you expect the cases to be resolved or settled?
That’s uncertain. TCPA class cases typically take several years to resolve motions and class certifications, trial appeals, settlements, and trial can extend the timeframes.

Question 4: What happens if I consented at a certain time?
Consent is one of the most important defenses. If you explicitly consented to texts or calls (especially by writing) the defendant can claim that the communication was legal.

Question 5: What damage are I able to claim?
In the context of TCPA the law allows you to recover $500 per violation or up to $1,500 per offense when the violations are willful. You can also claim actual damages if are able to prove expenses (phone bills or lost time, etc. ).

Question 6: What happens if my phone number is on the Do Not List?
If your phone number is listed in the National Do Not Call Registry (and West Capital called you even though it was not listed) this can strengthen your claim since TCPA only allows calls to those on the list, with no exceptions.

If you suspect that West Capital Lending called or sent you a text message that was inappropriate, make sure to save all call logs, texts records, and all communications. You should also consult an attorney for consumer protection or a site for class action notices. Be sure to keep your eyes open for court announcements in these cases: Callier, MacDonald, Levison and Ingram cases for updates on class action.