Lawsuit claims lender continued calls despite unsubscribe confirmation—the 56th TCPA case
Rocket Mortgage faces fresh allegations it ignored a consumer's opt-out request, continuing telemarketing calls despite confirming she had been unsubscribed from further contact.
A lawsuit filed November 12 in federal court in Florida claims the nation's largest mortgage lender violated federal and state telemarketing laws by calling a consumer twelve times after she explicitly asked to stop receiving communications.
Hillary Wissart of Kissimmee, Florida, visited RocketMortgage.com on October 9 to check current mortgage rates. Hours later, her phone rang. A Rocket representative named Miguel Rodriguez left a voicemail identifying himself as an executive banker who worked with a partnership with Woodforce and wanted to go over incentives and discounts.
Two minutes after the call, at 3:50 PM, Wissart received a text from Rodriguez introducing himself as her dedicated team member throughout her home financing journey. The message included instructions to reply "STOP" to opt out.
She did exactly that, replying one minute later at 3:51 PM.
Rocket immediately sent a confirmation: "You have successfully been unsubscribed. You will not receive any more messages from this number."
But the calls kept coming, the lawsuit alleges. Over the next three weeks, Wissart claims she received calls from the same Rocket number on October 10, 14, 15, 16, 17, 21, 22, 23, 24, 27, 28, and 29. Rodriguez left another voicemail on October 23.
The alleged pattern raises questions about internal compliance systems at one of the industry's most prominent lenders. Federal regulations require telemarketers to honor a residential subscriber's do-not-call request within a reasonable time not to exceed ten business days. Multiple calls allegedly continued well beyond that window.
The lawsuit asserts Rocket failed to institute proper procedures for maintaining a list of persons who request not to receive telemarketing calls. All the calls, voicemails, and text messages came from the same phone number, suggesting the opt-out request failed to propagate through Rocket's contact systems.
Wissart is not and never has been a Rocket customer. She uses her cellular number solely for personal calls and messages at her home.
The filing notes Rocket has been sued fifty-five other times in federal court for TCPA violations. That litigation history suggests either widespread consumer complaints or concentrated plaintiff attorney focus on the lender's marketing practices.
Wissart seeks to represent two classes of similarly situated individuals. The first would include all people nationwide who are not Rocket customers, who sent an opt-out text, and who received more than one subsequent call within twelve months during the four years from filing through class certification. The second focuses on Florida residents meeting similar criteria who received any calls after opting out during the same timeframe.
The lawsuit estimates the classes likely exceed ten thousand members.
The case invokes both the federal Telephone Consumer Protection Act and Florida's Telephone Solicitation Act. Under those statutes, violations carry penalties of five hundred dollars per unlawful call, rising to fifteen hundred dollars if a court finds the conduct was knowing or willful.
For mortgage lenders, the case underscores persistent compliance challenges in an industry heavily reliant on telephone and text message outreach for lead generation. As marketing technology grows more sophisticated, maintaining accurate suppression lists across multiple communication channels remains a regulatory concern.
No court has yet made any determination on the allegations. Rocket Mortgage has not filed a response.
