Rocket Mortgage is no stranger to TCPA litigation. They have been sued repeatedly for unwanted solicitations and alleged robocalls.

In a suit filed consumer Hillary Wissart of Florida claims Rocket continued to call and text her after she said “Stop.”

The complaint–available here: Wissart v Rocket Mortgage LLC— alleges Plaintiff asked Rocket to “stop” but it continued to call and text.

The case is interesting because it will test whether: i) SMS messaged are subject to the TCPA’s DNC rules; and ii) whether a request that SMS “stop” also requires calls to cease.

There is case law favorable to the plaintiff on both issues, but neither is fully resolved.

Plaintiff seeks to represent two classes:

The National Stop Class
All persons in the United States who (1) are not Rocket customers,
(2) sent Rocket an opt-out text message, and (3) thereafter Rocket
called more than once within a 12-month period, (4) in the four years
from the filing of this action through the date of class certification.

The Florida Stop Class
All Florida residents who (1) are not Rocket customers, (2) sent Rocket
an opt-out text message, and (3) thereafter Rocket called, (4) in the four
years from the filing of this action through the date of class certification.

Plaintiff alleges there are at least 10,000 class members– meaning at least $15MM is at issue in the case.

We’ll keep an eye on this one.