Companies frequently find themselves embroiled in litigation for unsolicited telemarketing calls or text messages sent to consumers. One such company is Rocket Mortgage, LLC (“Rocket”), which again finds itself sued for calls and texts allegedly sent in violation of the Telephone Consumer Protection Act (“TCPA”). About a month ago, Rocket was sued for making 27 telemarketing calls to plaintiff Kellie Deits (“Deits”). While that case remains active, Rocket now finds itself involved in another class action lawsuit involving federal Do Not Call Law violations.
Another TCPA Class Action For Do Not Call Violations.
On December 11, 2023, plaintiff Darren MacDonald (“MacDonald”) filed a class action lawsuit in the United States District Court for the District of Arizona alleging that Rocket placed calls and sent text messages to consumers without their consent, including calls/texts to numbers registered on the National Do Not Call Registry. MacDonald, who was in the process of selling his home, alleges that he received an unsolicited call from a Rocket employee offering mortgage refinancing. MacDonald told the employee never to call him again. Just over two hours later, MacDonald alleges that he received a text message from the same Rocket employee. As a result of the foregoing, MacDonald now seeks to represent a “Do Not Call” class of consumers, defined as “[a]ll persons in the United States who from four years prior to the filing of this action (1) Defendant [Rocket] (or an agent acting on behalf of Defendant [Rocket]) called and/or texted more than one time within any 12 month period, (2) to the person’s residential telephone number, (3) where the person’s telephone number had been listed on the National Do Not Call Registry for at least thirty days, (4) for substantially the same reason Defendant [Rocket] called and/or texted Plaintiff [MacDonald].”
It is unclear whether the Court will certify the class, and, as our readers know, there are several defenses to TCPA class action lawsuits that a strategic telemarketing defense attorney can utilize. The Deits and MacDonald cases are in the initial stages of litigation, so please continue to follow our blog for updates on the proceedings.
Is Your Company Complying With Do Not Call Registry Requirements?
There are other state-specific regulations and federal laws, such as the Telemarketing Sales Rule, that also apply to telemarketing campaigns. Companies that follow our blog are familiar with the compliance requirements mandated by the National Do Not Call Registry. Familiarity with these requirements helps ensure that you do not find yourself in Rocket’s position – defending lawsuits for violations of federal or state Do Not Call laws.
To understand your specific situation and needs, it is best to discuss your marketing plans with a telemarketing lawyer. If you would like to learn more about how to run a compliant telemarketing campaign, we can help. Please contact us at info@kleinmoynihan.com or (212) 246-0900.
The material contained herein is provided for informational purposes only and is not legal advice, nor is it a substitute for obtaining legal advice from an attorney. Each situation is unique, and you should not act or rely on any information contained herein without seeking the advice of an experienced attorney.
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