Rocket Mortgage Hit with Class Action Over Alleged Telemarketing Calls, Texts
by Erin Shaak
Shirley v. Rocket Mortgage, LLC
Filed: December 27, 2021 ◆§ 2:21-cv-13007
Rocket Mortgage places telemarketing texts and calls to consumers whose numbers can be found on the National Do Not Call Registry, a class action alleges.
Rocket Mortgage, LLC faces a proposed class action over its alleged practice of placing telemarketing texts and calls to consumers whose numbers can be found on the National Do Not Call Registry.
The 10-page case alleges the mortgage lender has violated the Telephone Consumer Protection Act (TCPA), a federal law that bars entities from placing certain telemarketing calls to consumers unless they’ve provided express written consent to receive the communications. According to the suit, the TCPA moreover prohibits companies from placing solicitation calls to numbers listed on the National Do Not Call Registry without an individual’s consent to do so.
The plaintiff, a Fort Worth, Texas resident, claims to have received several calls and text messages from Rocket Mortgage within the last year even though his cell phone number has been listed on the National Do Not Call Registry since February 2013. According to the complaint, the solicitations encouraged the plaintiff to visit Rocket Mortgage’s website for its “Cyber Monday Sale” and “Get a lower monthly payment this holiday season.”
The plaintiff allegedly informed Rocket Mortgage in mid-2020 that he was not interested in its services, and attempted to opt out of receiving future text messages by replying “Stop” to a text sent in November 2021:
Despite the plaintiff’s “unequivocal instructions,” however, Rocket Mortgage continued to send telemarketing text messages to his cell phone, the lawsuit alleges.
The plaintiff looks to represent the following class:
“All persons in the United States who from four years prior to the filing of this action (1) were called or sent text messages by or on behalf of Defendant; (2) more than one time within any 12-month period; (3) where the person’s telephone number had been listed on the National Do Not Call Registry for at least thirty days; (4) for the purpose of selling Defendant’s products and/or services; and (5) where either (a) Defendant did not obtain prior express written consent to call the person or (b) the called person previously advised Defendant to ‘STOP’ calling them.”
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