Real Estate Heaven International, Inc. and a real estate agent associated with the company face a proposed class action over their alleged practice of sending telemarketing text messages to consumers whose phone numbers are listed on the National Do Not Call Registry.
Per the case, the defendants, in an attempt to promote their real estate business and generate leads, have “cast their marketing net too wide” and violated the Telephone Consumer Protection Act (TCPA) by sending texts to consumers who never expressly consented to receive them.
“The TCPA was enacted to protect consumers from unauthorized text messages exactly like those alleged in this Complaint—text messages placed to numbers without prior express written consent to persons who listed their phone numbers on the Do Not Call Registry,” the complaint alleges. “As such, Defendants not only invaded the personal privacy of Plaintiff and members of the putative Class, they also intentionally and repeatedly violated the TCPA.”
The lawsuit alleges Real Estate Heaven, a firm who assists customers with purchasing and selling homes, is fully aware that its texts may “run afoul of the Do Not Call Registry” in that the company states on its website that one of the “cons” of sending text messages to potential clients is that the message may violate the “Do Not Call List,” and the agent “risk[s] getting a complaint.” Nevertheless, REH notes that “the odds of this are small when you aren’t texting a lot of people,” according to the complaint.
The plaintiff, a Cottonwood, Arizona resident whose cell phone number has been listed on the National Do Not Call Registry since December 2017, claims to have received the following unsolicited text messages from the individual real estate agent defendant at REH’s direction or for its benefit:
Per the suit, the plaintiff, “[a]t no time,” provided her consent to receive the text messages at issue, and had no prior relationship with the company or the agent.
The plaintiff seeks an injunction barring the defendants from “all unauthorized text messaging activities” and an award of damages to those who the lawsuit looks to cover.
The case proposes to represent the following class:
“All persons in the United States who from four years prior to the filing of the initial complaint in this action to the present: (1) Defendants, or a third person acting on behalf of Defendants, texted more than one time on his/her telephone; (2) within any 12-month period; (3) where the telephone number had been listed on the National Do Not Call Registry for at least thirty days; (4) for the purpose of selling Defendants’ products and services; and (5) for whom Defendants claims they obtained prior express consent in the same manner as Defendants claims they supposedly obtained prior express consent to call [the plaintiff], or for whom they did not obtain prior express written consent.”
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