2 Rocket Motions Seek to Dismiss TCPA Complaint, Compel Claims to Arbitration
Rocket Mortgage filed contemporaneous motions Wednesday (docket 2:23-cv-02385) in U.S. District Court for Arizona in Phoenix to compel plaintiff Kellie Deits’ Telephone Consumer Protection Act claims to arbitration and to dismiss her complaint for failure to state a claim. Deits…
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alleges Rocket phoned her 30 times in 10 days as part of a nationwide telemarketing campaign to promote its business and to generate leads for its mortgage-related products and services (see 2311150001). But Deits “expressly agreed” to Rocket’s terms of use, including the TCPA-related arbitration provision, when she submitted an online request in April to be contacted about Rocket's products and services, including by phone, said its motion to compel. Deits’ “vague and conclusory” pro forma complaint “alleges little more” than that she received phone calls from Rocket for up to 10 days after she allegedly requested that Rocket stop calling, said its motion to dismiss. Her “sparse and conclusory allegations” are insufficient to state a “cognizable” TCPA claim against Rocket “for multiple, independent reasons,” it said.