Hi TCPAWorld! I hope everyone had an enjoyable and restful weekend. Now, it is time to start the day with some fun TCPA news. Let’s get to it.
Rocket Mortgage lands on the docket yet again, facing another class action lawsuit against a man named Marlon Romero.
Romero alleges that Rocket Mortgage sent a text message to him that read:
“Hello! This is Eric Decuyper, from Rocket Mortgage. As the #1 lender in America, we are running a special for the lowest rate and fee combination the market has to offer. When do you have 5 minutes to chat?”
Romero stated that Rocket Mortgage did not have Romero’s prior express consent to contact him. Based on the message, Romero alleges Rocket mortgage utilized a “prerecorded voice” AND placed numerous telephone calls to him using an Automatic Telephone Dialing System (ATDS) in violation of the TCPA and while he was on the National Do-Not-Call (DNC) Registry.
As a refresh, although I’m sure you folks know, the Supreme Court interpreted the term “Automatic Telephone Dialing System” and held that “[t]o qualify as an ‘automatic telephone dialing system,’ a device must have the capacity either to store a telephone number using a random or sequential generator or to produce a telephone number using a random or sequential number generator.” Facebook, Inc. v. Duguid, 141 S.Ct. 1163 (2021) (emphasis added).
Based on this alleged violation, Marlon seeks to represent two nationwide classes:
ATDS Class: all persons within the United States who received any unsolicited calls or text messages sent using an ATDS or an artificial or prerecorded voice from Defendant, which text message was not made for emergency purposes or with the recipient’s prior express consent within the four years prior to the filing of the Complaint through the date of class certification.
DNC Class: all persons within the United States registered on the National Do-Not-Call Registry for at least 30 days, who had not granted Defendant prior express consent not had a prior established business relationship, who received more than one phone call or text message from or on behalf of Defendant that promoted Defendant’s products or services, within any twelve-month period, within four years prior to the filing of the Complaint through the date of class certification.
Romero files suit in the Central District of California alleging the following causes of action: (1) negligent violation of the TCPA on behalf of the ATDS class, (2) knowing and/or willful violation of the TCPA on behalf of the ATDS class, (3) negligent violation of the TCPA on behalf of the DNC class, and (4) knowing and/or willful violations of the TCPA on behalf of the DNC class.
Interestingly, ATDS cases have completely dried up against Troutman Firm clients but are still being brought against others it seems.
This case was just filed a few days ago so the case is still in its infancy stages. It will be interesting to see what Rocket Mortgage does to combat these claims. Stayed tuned to see how this case plays out!