A proposed class action citing potential Telephone Consumer Protection Act (TCPA) violations has been filed against Kurz Real Estate Corporation after the company allegedly sent unsolicited promotional text messages to a Florida consumer’s cellphone.
The case takes issue with three texts the plaintiff says he received in April and May 2018. In these messages, the suit says, the defendant advertised a “branding opportunity” consisting of a series of registered events where the real estate company would pitch their services to consumers. The plaintiff claims he did not provide the company with his express written consent to receive telemarketing texts, which were allegedly sent via an automatic telephone dialing system. The complaint further charges the defendant knew or should have known that its messages violated the TCPA.