At World Properties Hit with Class Action Over Alleged Spam Calls
by Erin Shaak
Metroff v. At World Properties, LLC
Filed: November 30, 2020 ◆§ 1:20-cv-07050
A proposed class action claims At World Properties has unlawfully placed calls to consumers’ cell phones without obtaining prior consent to do so.
Illinois
At World Properties, LLC faces a proposed class action that claims the real estate brokerage firm has unlawfully placed calls to consumers’ cell phones without obtaining prior consent to do so.
According to the case, At World Properties, which does business as @properties, has overstepped the federal Telephone Consumer Protection Act (TCPA), a law that prohibits the use of an automatic telephone dialing system (ATDS) to place non-emergency telemarketing calls to consumers’ cell phones unless they’ve provided prior express consent.
The use of an ATDS, which has the capacity to produce telephone numbers using a random or sequential number generator and then dial those numbers, allows the defendant to “contact as many consumers as possible to market its services to,” the suit alleges.
“Consequently,” the complaint reads, “Defendant’s unsolicited telemarketing calls shift the burden of wasted time to consumers.”
The plaintiff, an Illinois resident, says she received a call from At World Properties on November 4, 2020 from the phone number (248) 892-6223. Upon answering the call, the plaintiff heard “a lengthy period of dead air” followed by a beep, after which she was connected to a live representative who said she was calling to do a “market check in,” according to the suit. When the plaintiff asked the defendant’s representative how the company obtained her number, she was allegedly told that “it is easy to locate anyone’s information nowadays.”
The plaintiff says she never provided the defendant with consent to be contacted using an ATDS. Per the complaint, the plaintiff and thousands of others have suffered “actual harm” as a result of At World Properties’ telemarketing calls.
The case looks to cover the following class comprised of:
“All persons residing in the State of Illinois: (a) to whom Defendant and/or a third party acting on Defendant’s behalf, made one or more non-emergency phone call(s); (b) promoting Defendant’s services; (c) to his/her cellular telephone number; (d) using an automatic telephone dialing system; (e) without the prior express written consent of the called party; (f) at any time in the period that begins four years before the date of the filing of the original complaint through the date of class certification.”
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