With every preparation for a trip out of the earth’s atmosphere, one must first ensure the rocket is properly fueled! Rocket Mortgage may need to take a page out of NASA’s playbook and double-check their “rocket fuel” as in all the numbers they are dialing on a daily basis.
On Monday the mortgage giant was hit with yet another class action lawsuit seeking injunctive and monetary relief, alleging violation of both the Do Not Call Registry, which carries a penalty of $500 – $1500 per each violation and the Internal Do Not Call list which carries a $1500 per each violation.
In the complaint, plaintiff Tuso, alleges that not only did they never request information from Rocket to start with but that when they did receive the unwanted calls and texts, their request to stop was ignored.
Tuso began to receive simultaneous calls and text messages from Rocket on March 16th, Tuso replied STOP to a text and received confirmation that the request was being processed and may take up to 24 hours.
Tuso then received the same welcome text again on March 20th followed by another phone call from Rocket Mortgage offering refinance products.
While on the phone with an agent from Rocket explaining how they had opted out, Tuso received yet another text, this time from a specific banker at Rocket offering services. Yikes!
The allegations here are not good–and there’s some pictures to provide it:
And these allegations go on for pages!
Making matters worse, Rocket is now facing a putative class action and not just an individual suit. The class is defined as:
Do Not Call Registry Class: All persons in the United States who from four
years prior to the filing of this action through class certification (1) Rocket
Mortgage called more than one time, (2) within any 12-month period, (3)
where the person’s residential telephone number had been listed on the
National Do Not Call Registry for at least thirty days, (4) for substantially the
same reason Defendant called Plaintiff Tuso.
Internal Do Not Call Class: All persons in the United States who from four
years prior to the filing of this action through class certification (1) Defendant
Rocket Mortgage called/texted more than one time on their residential
telephone number, (2) within any 12-month period (3) for substantially the
same reason Defendant called/texted Plaintiff Tuso, (4) including at least once
after Defendant’s records reflect the person requested that they stop
calling/texting.
Eesh.
While Rocket is feeling the HEAT, it is vitally important that YOU are scrubbing the national DNC when necessary in your business practices and that your company implements and actively maintains an internal DNC list.
For more CRITICAL compliance tips be sure to attend the Troutman Amin, LLP Marketing Law conference on July 13, 2023.
The in-person show is SOLD OUT but a virtual option is available. Sign up now!
Notably this is not the first time Rocket has faced TCPA scrutiny in a putative class action. Just last year it faced another TCPA class action making somewhat similar allegations.
ROCKET MORTGAGE HIT AGAIN: Mortgage Giant Facing New TCPA Class Action Suit Based on ATDS
You can read the full new complaint here, we will keep a watchful eye on this as always.
It would be nice if Rocket got blasted for millions and does a crash and burn. Sick and tired of robocallers calling over and over and over. But, even when caught red handed, they deny they did it.