EXP Realty Hit with Class Action Over Alleged Telemarketing Text Messages

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A proposed class action claims EXP Realty, LLC has sent automated text messages to consumers’ cell phones without first securing consent to do so.

According to the 13-page lawsuit, the global online brokerage has engaged in an unlawful telemarketing scheme to market its real estate services without adhering to the Telephone Consumer Protection Act, a law designed to protect citizens’ privacy from the “abuses of telephone technology.”

The plaintiff, a Palm Beach County, Florida resident, says he received at least four telemarketing text messages from EXP Realty between January 19 and January 25, 2021:

According to the suit, the plaintiff provided the defendant with neither his cell phone number nor express written consent to be contacted through automated texts.

“Plaintiff has never signed-up for, and has never used, Defendant’s services, and has never had any form of business relationship with Defendant,” the complaint states.

Moreover, the plaintiff’s cell phone number has been registered on the National Do Not Call Registry since February 2008, the case says. Per the suit, the TCPA prohibits entities from placing within a 12-month period more than one call or text to a cell phone number listed on the National DNC without first obtaining the recipient’s consent to be contacted.

The plaintiff says that aside from using up his cell data, phone storage and battery life, the defendant’s texts invaded his privacy and caused him to become “understandably aggravated” with having to deal with “repeated, unwanted messages.” The suit seeks statutory damages of $500 per alleged call placed in violation of the TCPA and $1,500 for every call placed in “willful” violation of the law.

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