A proposed class action suit filed in California alleges realtor Re/Max Real Pros violated consumers’ privacy by sending unsolicited marketing texts and placing unauthorized robocalls without first obtaining consent to do so. The complaint argues Re/Max’s unsolicited calls and texts violate the Telephone Consumer Protection Act (TCPA).
The lead plaintiff alleges she received unsolicited texts advertising Re/Max’s services for which she provided no prior authorization and that included no instructions on how to opt out. She responded to one such text, the suit says, by asking Re/Max to stop contacting her and threatening to call the police if the texts continued. She further claims she received pre-recorded messages from Re/Max—which are also forbidden by the TCPA—asking if her house was still on the market.
In addition, the complaint states that Re/Max further violates the TCPA by contacting people on the National Do Not Call Registry, using prohibited automatic telephone dialing systems (ATDS), and by continuing to send telemarketing communications to people even after they’ve requested them to stop.
“Unfortunately for consumers,” the complaint reads, “Re/Max Real Pros utilizes a sophisticated telephone dialing system to call consumers with pre-recorded messages and with text individuals en masse promoting its services. However, Re/Max Real Pros fails to get the requisite prior consent prior to sending these text messages.”
The suit proposes two separate classes, one comprised of consumers who received unsolicited texts from Re/Max through an ATDS, and a separate class for those who received an unsolicited robocall from the company. The suit requests $1,500 in damages for each telemarketing call or text received.