A proposed class action alleges Central Metro Realty LLC has placed unlawful telemarketing calls to consumers, including to those whose numbers were listed on the National Do Not Call Registry.
The lawsuit alleges Central Metro Realty has run afoul of the Telephone Consumer Protection Act (TCPA), a federal law that aims to protect consumers from receiving unsolicited robocalls to their cell phones and home lines.
Per the suit, the defendant is an Austin, Texas-based real estate brokerage who uses automated technology to place telemarketing calls to consumers en masse, which the case contends is a violation of the TCPA unless the caller has secured a recipient’s prior express consent to be contacted.
The plaintiff, a King County, Washington resident, claims to have received one such telemarketing call from Central Metro Realty in May 2021. According to the case, the plaintiff was not interested in the defendant’s real estate services and never consented to be contacted by the company. Moreover, the plaintiff’s phone number has been listed on the Do Not Call Registry since 2004, the suit relays.
Nevertheless, the defendant called the plaintiff a second time in June and left a voicemail in which a realtor urged the consumer to contact the company if she was interested in selling her home, according to the filing.
The lawsuit alleges Central Metro Realty purchased a calling list from non-party Roy Castner for marketing purposes. Per the complaint, Roy Castner states on realorringless.com that his technology allows clients to “deliver your voice message to each homeowner without ringing their phone for just .01 cent each.”
The suit argues that Central Metro Realty’s apparent use of automated dialing technology to place telemarketing calls to consumers who never consented to receive them and whose numbers are listed on the National Do Not Call Registry is unlawful. Per the suit, call recipients were harmed by the defendant’s conduct in that their privacy was violated and they were “subjected to annoying and harassing calls that constitute a nuisance.”
Initially filed in Washington’s Western District Court in August, the lawsuit was transferred to Texas’s Western District Court on November 10, 2021.
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