The Florida Telephone Solicitation Act (FTSA) tries to protect Floridians from unwanted telemarketing. But the complaint alleges that Rocket Mortgage, LLC uses unauthorized telemarketing calls and text messages, including to consumers in Florida, to try to recruit customers.
The class for this action is all persons in Florida or Florida residents who (1) were sent a telephonic sales call about Rocket Mortgage’s good or services, (2) using the same equipment or type of equipment used to call the plaintiff in this case.
The complaint quotes the FTSA as saying that it is a violation of the law to “make or knowingly allow a telephonic sales call to be made if such call involves an automated system for the selection or dialing of telephone numbers or the playing of a recorded message when a connection is completed to a number called without the prior express written consent of the called party.”
The plaintiff in this case is Richard Maroius. Beginning on or about September 27, 2021, the complaint alleges, Rocket Mortgage sent a number of text messages to the Marous’s number.
The complaint reproduces a screenshot of some of the messages:
- Two September 27 messages begin, “Rocket Mortgage: Is your mortgage rate still over 3%? If so, give us a call today…”
- An October 5 message begins, “Rocket Mortgage: ALERT: Is your mortgage rate still over 3%? If so, give us a call today…”
- An October 12 message begins, “Rocket Mortgage: Not planning to stay in your home long? Our 7-year ARM rates have dropped!…”
The complaint claims that the purpose of these text message calls “was to solicit the sale of [Rocket Mortgage’s] goods and/or services.”
The messages were sent using a short code, which is significantly shorter than a telephone number, and which the complaint says means the messages could only have been sent via a computer.
The complaint alleges, “The impersonal and generic nature of [Rocket Mortgage’s] text messages, coupled with their frequency, and the fact that they originated from a short[ ]code, demonstrates that [Rocket Mortgage] utilized a computer software system that automatically selected and dialed” consumers’ telephone numbers.
According to the complaint, Rocket Mortgage “used a messaging platform … which permitted [Rocket Mortgage] to transmit thousands of text messages automatically and without any human involvement.”
The complaint claims that plaintiff Marous never gave his express written consent to Rocket Mortgage permitting it to send telemarketing calls to his number. It also claims that the calls caused harm to Marous and to the other consumers they were sent to, including such things as “inconvenience, invasion of privacy, aggravation, [and] annoyance.”
Article Type: LawsuitTopic: Privacy
Most Recent Case Event
Rocket Mortgage Telemarketing Calls and Text Messages FTSA Complaint
January 10, 2022
The Florida Telephone Solicitation Act (FTSA) tries to protect Floridians from unwanted telemarketing. But the complaint alleges that Rocket Mortgage, LLC uses unauthorized telemarketing calls and text messages, including to consumers in Florida, to try to recruit customers.
Rocket Mortgage Telemarketing Calls and Text Messages FTSA ComplaintCase Event History
Rocket Mortgage Telemarketing Calls and Text Messages FTSA Complaint
January 10, 2022
The Florida Telephone Solicitation Act (FTSA) tries to protect Floridians from unwanted telemarketing. But the complaint alleges that Rocket Mortgage, LLC uses unauthorized telemarketing calls and text messages, including to consumers in Florida, to try to recruit customers.
Rocket Mortgage Telemarketing Calls and Text Messages FTSA Complaint