in Newswire Published on July 22, 2022

Realtor.com Hit with Class Action Over Alleged Robocalls

Faucett v. Move, Inc.

Filed: July 20, 2022 ◆§ 2:22-cv-04948

A class action claims Realtor.com has placed unlawful robocalls to consumers’ cell phones without first securing their consent to be contacted.

Defendant(s)

Move, Inc.

Law(s)

Telephone Consumer Protection Act

State(s)

California

A proposed class action claims that Realtor.com has placed unlawful robocalls to consumers’ cell phones without first securing their consent to be contacted, and even after they’ve requested that the calls cease.

The 18-page lawsuit against Move, Inc., which does business as Realtor.com, was filed by a Livingston Parish, Louisiana resident who says the defendant placed multiple telemarketing calls to his cell phone in violation of the Telephone Consumer Protection Act (TCPA). The TCPA is a federal law that prohibits the use of automatic telephone dialing equipment or an artificial or prerecorded voice to place telemarketing calls without a recipient’s consent, the suit relays.

“The TCPA exists to prevent communications like the ones described within this Complaint,” the lawsuit says.

The plaintiff claims that the real estate listing company began “bombarding” his cell phone with telemarketing calls and voice messages beginning on May 4, 2022. Per the suit, when the man answered the phone, a prerecorded voice instructed him to wait on the line for a live representative, whom the plaintiff told to stop calling him in an attempt to opt out of the defendant’s communications.

Nevertheless, Realtor.com continued to leave prerecorded voice messages on the plaintiff’s cell phone in the following days, the suit says. The complaint includes the following purported transcript of one of the messages:

“Hi this is Kate calling you back from realtor.com. I wanted to make sure you were getting the help you needed for your request. Our team is ready to learn more about your real estate needs and connect you with a local expert. Please call us back at 855-430-2416 so we may assist you or to let us know you no longer wish to be contacted.”

The plaintiff says he was “easily able to determine” that the messages were prerecorded. According to the case, the man had no existing relationship with Realtor.com and never provided express written consent to be contacted by the company with a prerecorded message.

The lawsuit alleges Realtor.com has no written policy for maintaining an internal do-not-call list and does not properly train its telemarketing personnel on the existence and use of such a list, as required by the TCPA.

The case looks to represent the following classes:

“All persons within the United States who, within the four years prior to the filing of this Complaint, were sent a call or voicemail using an artificial or prerecorded voice, from Defendant or anyone on Defendant’s behalf, to said person’s cellular telephone number, without emergency purpose and without the recipient’s prior express written consent.”

“All persons in the United States who from four years prior to the filing of this action (1) were sent a call or voicemail by or on behalf of Defendant; (2) more than one time within any 12-month period; (3) where the person’s telephone number had been listed on the National Do Not Call Registry for at least thirty days; (4) for the purpose of selling Defendant’s products and services; and (5) for whom Defendant claims (a) it did not obtain prior express written consent, or (b) it obtained prior express written consent in the same manner as Defendant claims it supposedly obtained prior express written consent to call the Plaintiff.”

“All persons within the United States who, within the four years prior to the filing of this Complaint, were sent a call or voicemail from Defendant or anyone on Defendant’s behalf, to said person’s cellular telephone number after making a request to Defendant to not receive future calls or messages.”

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