A California resident has filed a class action lawsuit against Rocket Mortgage LLC, claiming the company has repeatedly violated federal law by making “unsolicited calls/text messages to consumers who registered their phones on the National Do Not Call Registry.”
The lawsuit, filed Monday in federal court in California, seeks “injunctive and monetary relief for all persons injured” by the company’s actions for violating the federal Telephone Consumer Protection Act (TCPA).
The complaint was filed on behalf of Richard Tuso of Roseville, Calif., against Detroit-based Rocket Mortgage, and claims the lender “makes telemarketing calls to solicit its mortgage services to consumers.”
According to the lawsuit, Rocket Mortgage makes telemarketing calls and sends text messages to residential telephone numbers of consumers whose numbers are registered with the Do Not Call Registry, or DNC. It says the affected consumers “have never provided their phone number” to Rocket Mortgage, and never consented to receive calls or texts from the lender.
The complaint states that Rocket Mortgage employees “have listed cold calling as a core part of their job description in LinkedIn profiles and job review websites like Indeed… .”
It continues, “As a likely result of the above, many consumers have posted complaints online regarding unsolicited telemarketing calls that they received from … Rocket Mortgage, including complaints from consumers who were not able to get Rocket Mortgage to stop calling or texting them.”
Tuso said he registered his cell phone number with the DNC on July 2, 2003, and that he has received unsolicited calls from Rocket Mortgage after registering his number. He said the contact continued despite his efforts to stop the calls and texts.
The lawsuit seeks to establish two affected classes, one with members of the National Do Not Call Registry and another from Rocket Mortgage’s internal do-not-call list. According to the complaint, DNC class members must be registered on the DNC list for at least 30 days and must have received multiple unsolicited calls or texts within a 12-month period. The internal list class members must have received more than one call within a 12-month period, including at least once after asking the company to stop the calls/texts.
The complaint seeks $500 per instance for the National Do Not Call Registry class and $1,500 per instance for the internal do-not-call list class, as well as attorneys’ fees. It also seeks an injunction against Rocket Mortgage making unsolicited calls or texts.
A spokesperson for Rocket Mortgage dismissed the lawsuit as baseless.
“We care deeply about client service, as is evident by our 20 J.D. Power awards, numerous industry accolades, and one of our ISMs, or founding principles, that insists we ‘Do The Right Thing,’” the spokesperson said. “Despite this, plaintiff’s attorneys continue to litter the industry with baseless TCPA claims in hopes of securing quick and lucrative settlements.”
The spokesperson added that the barrier to file one such cases “is extremely low, but the end result is what really matters. To date, not one single TCPA class against Rocket Mortgage has been certified. This is a clear indication of just how seriously we take our compliance obligations. This particular case comes from a meritless claim that is belied by the facts as we know them, and we expect a quick and decisive ruling in our favor.”
The lawsuit is Tuso, et al. v. Rocket Mortgage LLC, Case No. 2:23-at-00588, filed in U.S. District Court for the Eastern District of California.
