Davis v. Rockloans Marketplace, LLC, 3:23-cv-00134

Tracy Davis sued Rockloans Marketplace, LLC (d/b/a Rocket Loans), alleging violations under the Telephone Consumer Protection Act (TCPA) and the Rosenthal Fair Debt Collection Practices Act (RFDCPA).
Davis claimed Rocket Loans made repeated calls to her mobile phone using an artificial or prerecorded voice and continued collection efforts after being notified she was represented by counsel.
The District Court previously dismissed the complaint for failure to allege use of an automatic telephone dialing system (ATDS), and the Ninth Circuit affirmed, but remanded to address the “artificial or prerecorded voice” TCPA theory.
On remand, the Court assessed whether Davis adequately alleged calls with an artificial or prerecorded voice and whether she adequately pled a claim under the RFDCPA.
The Court ultimately granted the motion to dismiss as to the TCPA claim but denied it as to the RFDCPA claim, with leave to amend the TCPA claim by December 6, 2024.

Issue	Plaintiff's Argument	Defendant's Argument	Held
TCPA—Artificial or prerecorded voice	Calls used artificial or prerecorded voice; repeated this in complaint	Only conclusory allegations; no specific facts about call content	Dismissed—insufficient facts alleged, must describe call details
TCPA—ATDS	Prior ruling found insufficient facts on ATDS element	Affirmed by Ninth Circuit	Not at issue on remand, affirm prior ruling
RFDCPA—Debt collection communication	Communications represent debt collection and not just account status	Email was merely an account update	Denied—plausible collection conduct alleged
RFDCPA—Notice of representation	Sent counsel letter per statutory requirements	No facts proving receipt or sufficient notice in letter	Denied—alleged mailing and content were sufficient

None—No cases cited with official reporter citations; all authorities referenced were via Westlaw or were statutes.