Home Real Estate Keller Williams named in telemarketing lawsuit

Keller Williams named in telemarketing lawsuit

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Keller Williams named in telemarketing lawsuit

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Keller Williams is within the crosshairs of yet one more class motion lawsuit, besides as a substitute of coping with agent compensation or alleged breaches of contract, this newest go well with includes undesirable telemarketing communications.

In a lawsuit filed on Tuesday in U.S. District Court docket of the Western District of Texas, San Antonio resident Mark Ortega alleges that he obtained undesirable telemarketing messages on his cellphone in violation of the Phone Shopper Safety Act (TCPA).

The TCPA prevents events from “making telemarketing calls to customers with out consent together with calls to telephone numbers which might be registered on the Nationwide Do Not Name registry (“DNC”).”

The plaintiff claims his telephone quantity is a part of the DNC registry and that he by no means consented to obtain telemarketing communications from Keller Williams.

In early March, Ortega claims that he obtained “unsolicited telemarketing messages to his cellphone quantity from Julia Jordan, an actual property agent with Keller Williams Realty, The Woodlands & Magnolia—a franchise of Defendant. The aim of the messages was to promote the itemizing of a home to Plaintiff.”

The message contained a photograph of Jordan with the Keller Williams brand, in addition to a photograph of the home. The textual content included with the photographs invited Ortega to a “Mimosa and Ice Cream Truck Open Home” and offered him with Jordan’s contact in formation.

In response to the criticism, Ortega messaged Jordan to “cease” sending messages. The next day, Ortega’s legal professional despatched a letter to the defendant noting that the plaintiff is registered on the DNC registry and that he “didn’t consent to receiving communications from Defendant, and demanding damages.”

In an emailed response on March,20, 2024, the criticism states that the defendant denied the demand. As a result of this, Ortega made the choice to file a lawsuit.

The go well with is looking for class motion standing for 2 separate courses. The primary is the Nationwide Do No Name Registry Class, which the plaintiff proposes needs to be made up of “all individuals in america (1) whose phone numbers had been on the Nationwide Do Not Name Registry for not less than 31 days, (2) who obtained a couple of telemarketing name from or on behalf of Defendant, (3) inside a 12-month interval, (4) at any time within the interval that begins 4 years earlier than the date of submitting this Grievance via the date of trial.”

The second class is restricted to the Texas No-Name record and could be comprised of “all individuals in america (1) who obtained a telephonic gross sales name concerning Defendant’s items and/or providers (2) to a quantity listed on the Texas No-Name record (3) at any time within the interval that begins two years earlier than the date of submitting this Grievance via the date of trial.”

Ortega has demanded a jury trial and is looking for injunctive and financial reduction.

Keller Williams isn’t any stranger to TCPA fits, with numerous fits having been filed through the years. The latest TCPA criticism lodged in opposition to the agency was filed in mid-October 2023 by Jeff Issacs in Southern Florida.

Keller Williams didn’t return a request for remark.

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