United States District Court, M.D. Florida, Tampa Division
D. MERRYDAY UNITED STATES DISTRICT JUDGE.
a.m. on December 7, 2012, Eileen Nece submitted a form on
Quicken Loans' website. The form (Doc. 117-1 at 9)
requires a prospective mortgagor to provide her name and a
phone number and asks the prospective mortgagor several
questions about her “mortgage goals, ” including
the amount she aspires to borrow. Although some confusion
appears about the exact content of her submission, Nece
undisputedly provided her name and the number for her
residential landline, which ends in 7355. During the next
thirty minutes, Nece submitted either the same form or a
similar form four more times. At 6:28 a.m., Nece e-mailed
Do you have any local offices in Pinellas County, Florida? I
prefer dealing with a Mortgage Broker who has a local office.
I live in Palm Harbor, Florida.
Found a house I like in my area, zip 34685 for $139, 900.
Will need a 30 Year Fixed Mortgage . . .
Can you help me, as I need Pre-Approval [first], before a
Realtor will work with me.
Eileen A. Nece  727-785-7355
(Doc. 40-2 at 40)
a.m., Quicken employee Brandon Pach called the 7355 number
(Doc. 40-2 at 21), and a transcript (Doc. 40-2 at 42) shows
that Pach introduced himself and Quicken. Nece immediately
asked whether Quicken operated a local branch; Pach said
“no” but attempted several times to inform Nece
about a mortgage. After stating that she preferred to deal
with a local lender and after mentioning the frequent Better
Business Bureau complaints against Quicken, Nece said,
“I'm not interested in the rates. I just don't
want to deal with you at all right now, ” and Pach
ended the call.
after 4 p.m., Quicken employee Alex Dobija called Nece. (Doc.
40-2 at 44) After Dobija identified himself, Nece said,
“I'm actually not interested in Quicken Loans
anymore.” Again, Nece mentioned the lack of a local
branch and the frequent BBB complaints. Dobija responded, but
Nece interjected, “[I]f you have complaints against you
and it's that many, I don't even want to deal with
you.” Nece ended the call by saying, “I don't
want to get involved [with Quicken] so I'm not going to
waste your time and don't waste mine.”
hours later, Quicken employee Ryan Matthey called. (Doc. 40-2
at 46) After Matthey identified himself, Nece repeated her
reasons for preferring not to “get involved” with
Quicken. Nece ended the call by stating, “I don't
want to waste your time and I'd rather you didn't
waste mine.” Three days later, on December 10, 2012,
Quicken employee Alex Malinowski left a voicemail for Nece
and invited Nece to call Malinowski for a quote. An hour
after the voicemail, Nece returned Malinowski's call and
repeated her reasons for preferring not to borrow from
Quicken. Malinowski's attempt to explain the BBB rating
produced this exchange:
Nece: Well, hold it right there. Over a thousand [complaints]
in three years is an outrageous amount and I just don't
want to deal with Quicken Loans. I'm busy. I really
don't want to be bothered further. [I'm] just giving
you a courtesy call saying I got your message and I'm no
Nece: ... so thanks and goodbye.
Malinowski: Did you read online...
Nece: [Line Disconnected]
Malinowski: ... about our three consecutive JD Power and
Associate awards for customer satisfaction?
calls persisted for at least another day, and Nece continued
to rebuff Quicken. On December 10, Quicken employee Matthew
Sucharski called and introduced himself. (Doc. 40-2 at 52)
Nece immediately said, “I just want to tell you that I
changed my mind about loans with Quicken.” After
repeating her reasons for preferring not to borrow from
Quicken, Nece said, “I don't want to waste your
time, I don't want to have my time wasted either so
I'm just not interested. But thank you for
11:30 in the morning on December 11, Quicken employee Kevin
Bell called Nece. (Doc. 40-2 at 54) Following a familiar
pattern, Nece immediately told Bell, “Before you go any
further I've talked to about ten people from Quicken
Loans and I told them I'm just no longer
interested.” After a brief conversation in which Nece
repeated her reasons for preferring not to borrow from
Quicken, Nece said:
I prefer to go with [a local lender] and I wish you'd
just make a note of it. Not[e] for your representative not to
keep calling me because it's getting really annoying. . .
I don't want to waste my time, I don't want to be
bothered, I don't want you or your co-workers . . . to
please keep . . . stop calling me.
11:30 a.m. the next day, Quicken employee Elma Eminovic left
a voicemail for Nece. Quicken's records show five more
calls to Nece between December 12 and 14, but none resulted
in a conversation or a voicemail. (Doc. 40-2 at 21)
December 11, Nece penned a letter to Quicken's chief
executive officer “RE: HARASSMENT AND STALKING.”
The letter says:
Each time one of your representatives called me, I told them
I was not interested and preferred to deal locally. That did
not stop them from calling me daily, regardless of how many
times I told them I do not want to deal with your company so
stop calling me, it did not do any good. Your staff
persisted in harassing and stalking me daily, even though I
told them I was busy and to stop calling me.
(Doc. 1 at 35 (underlining original)) No. record evidence
shows when or if Quicken received the December 11 letter.
Nece complained to the Florida Department of Agriculture and
Consumer Services about Quicken. In the December 13, 2012
departmental complaint (Doc. 1 at 36), which asks a person to
identify “one date of call per complaint, ” Nece
reported that Quicken called on December 13 at a quarter
after one in the afternoon and that the call was not
pre-recorded. In the comment section of the departmental
complaint, Nece wrote: “Have ...