Rocket Mortgage Hit with Lawsuit Over Alleged Robocalls, Texts

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A proposed class action lawsuit alleges Rocket Mortgage, LLC has placed unlawful telemarketing calls and text messages to consumers’ cell phones without first securing their consent to be contacted.

According to the 15-page case, the mortgage lender has run afoul of the Telephone Consumer Protection Act (TCPA) by using an automatic telephone dialing system and an artificial or prerecorded voice to send telemarketing calls and texts to consumers who never provided their consent to receive the communications.

Further, the lawsuit alleges that some recipients’ phone numbers were listed on the National Do Not Call Registry, meaning the defendant was required to secure their permission before placing solicitation calls to their phones.

The case was filed by a California resident who says he received the following text message from Rocket Mortgage on July 11, 2022:

Per the suit, the plaintiff was never a customer of Rocket Mortgage and never provided the company with his cell phone number “for any reason whatsoever.” The plaintiff alleges the text he received was sent using a platform that allows the defendant to automatically send messages to “large groups of consumers all at once,” i.e., an automatic telephone dialing system, as defined by the TCPA.

The lawsuit further claims that Rocket Mortgage placed “numerous” telemarketing phone calls to the plaintiff, including two in December 2021, using an automatic telephone dialing system.

According to the suit, the plaintiff told Rocket Mortgage at least once to stop contacting him, and the man’s number had allegedly been listed on the National Do Not Call Registry for at least 30 days prior to the first communication he received from the defendant.

“Accordingly, Defendant and their agents never received Plaintiff’s prior express consent to receive unsolicited calls and text messages, pursuant to [the TCPA],” the lawsuit alleges.

The plaintiff looks to represent anyone in the U.S. who received any unsolicited calls or text messages sent through an automatic telephone dialing system or including an artificial or prerecorded voice from Rocket Mortgage that was not made for emergency purposes, or with the recipient’s prior express consent, within the past four years and through the date of class certification.

The lawsuit also looks to cover anyone in the U.S. whose number was registered on the National Do Not Call Registry for at least 30 days and who had not granted Rocket Mortgage prior express consent, or had no prior established business relationship with the company, and who received more than one phone call or text message from or on behalf of Rocket Mortgage that promoted its products or services within any 12-month period within the past four years and through the date of class certification.

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