Rocket Mortgage ‘Aggressive Telemarketing Campaign’ Leads to Class Action Lawsuit

Rocket Mortgage Telemarketing Class Action Lawsuit Overview:

• Why: The mortgage company allegedly won’t stop calling and texting the plaintiff even though he is on the National Do Not Call Registry and has asked the company to stop. 
• Who: A Texas resident sued Rocket Mortgage.
• Where: The class action lawsuit was filed in Michigan federal court.

A Texas resident filed a class action lawsuit against Rocket Mortgage for failing to cease its marketing calls and texts to his cell phone after repeated requests to stop. 

Plaintiff Dustin Shirley began receiving calls and text messages from the mortgage lender with marketing promotions. However, Shirley says his phone number has been registered with the National Do Not Call Registry since 2013, which should have prevented these communications. Even after Shirley responded “stop” to Rocket Mortgage’s texts and further requested that the company cease their calls and texts, the communications kept coming through. 

Shirley seeks to represent a nationwide “Do Not Call Registry” class which includes all persons whose telephone numbers have been listed on the National Do Not Call Registry for at least 30 days and received promotional marketing calls or text messages by or on behalf of Rocket Mortgage more than once within any 12-month period within the past four years. Further, Rocket Mortgage must not have obtained prior express written consent to call class members or class members previously advised Rocket Mortgage to “STOP” contacting them. 

Rocket Mortgage Allegedly Defies National Do Not Call Registry

By placing a phone number on the National Do Not Call Registry, consumers indicate that they do not want to receive telephone solicitations to that number. The Telephone Consumer Protection Act (TCPA) and other regulations prohibit calling subscribers of the registry. This registration “must be honored indefinitely or until the registration is canceled by the consumer or the telephone number is removed by the database administrator,” according to court documents. 

The class action complaint claims that Rocket Mortgage “operates an aggressive telemarketing campaign” in order to “make more mortgage loans.” As part of this campaign, the company repeatedly sends text messages and places calls to phone numbers that are on the National Do Not Call Registry. Therefore, the class action lawsuit brings claims of TCPA violations against Rocket Mortgage. 

The complaint claims that Shirley was damaged by the repeated text messages and calls, which used his residential cellular data, phone storage and battery life. Further, his privacy was invaded and his time and attention was forced away from his work and other activities.

Shirley seeks the prohibition of Rocket Mortgage from violating the TCPA in the future, statutory damages of $500 for each and every call in violation of the TCPA, treble damages of up to $1,500 for each and every call in violation of the TCPA and attorneys’ costs. 

Have you received calls from Rocket Mortgage or other companies despite being on the National Do Not Call Registry? Share your experience in the comments section below!

The plaintiff is represented by Sergei Lemberg of Lemberg Law, L.L.C.

The Rocket Mortgage Telemarketing Class Action Lawsuit is Shirley v. Rocket Mortgage, LLC, Case No. 2:21-cv-13007-SFC-KGA, in the US District Court for the Eastern District of Michigan.

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