Kehoe Law Firm, P.C. is making consumers aware that on April 3, 2019, a class action lawsuit was filed in United States District Court for the Northern District of California against Coldwell Banker Real Estate, LLC (“Coldwell Banker”) and NRT LLC (“NRT”) to stop Coldwell Banker and NRT “. . . from directing realtors to violate the Telephone Consumer Protection Act [‘TCPA’] by making unsolicited autodialed calls to consumers without their consent, including calls to consumers registered on the national Do Not Call registry (“DNC”), and to otherwise obtain injunctive and monetary relief for all persons injured by the conduct of Defendants. . . .” [Emphasis in original]
According to the class action complaint,
. . . Coldwell Banker and NRT direct realtors to cold call consumers to sell them Coldwell Banker’s realty services. This includes specific instructions to call consumers who have previously listed their properties for sale with other realtors, but whose listings with those other realtors expired without a sale of the property.
In addition to directly instructing realtors to make unsolicited cold calls to obtain listings, Coldwell Banker and NRT provide realtors with telephone numbers and other analytics for identifying leads to cold call, scripts for the cold calls, and preferred pricing from Coldwell Banker’s partner vendors for other cold calling related training and products, including autodialers.
Ultimately, Coldwell Banker’s and NRT’s marketing plan for NRT realtors involves cold calling consumers, with a focus on calling consumers who have recently expired property listings. This is troubling since cold calling consumers without consent violates the TCPA. [Emphasis added]
Allegedly, the “marketing plan” of Coldwell Banker “. . . resulted in [the Plaintiff] receiving unsolicited, autodialed calls from [three] different Coldwell Banker and NRT realtors to his cellular phone number registered on the DNC. This all occurred after the multiple listing service listing for Plaintiff’s property, which was maintained by Plaintiff’s former realtor and which did not include any of Plaintiff’s telephone numbers, was removed from the multiple listing service without Plaintiff having sold his home.”
Do You Believe You Are a Victim of Illegal Robocalls, Text Messages, “Junk” Faxes or Telemarketing Sales Calls?
If you have received illegal robocalls, text messages, “junk” faxes or telemarketing sales calls, you may be able to recover at least $500 for each illegal call, text or fax you received and, possibly, as much as $1,500 for each illegal call, text message or facsimile that was made either willfully or knowingly in violation of the Telephone Consumer Protection Act.
To help evaluate your potential legal claims under the Telephone Consumer Protection Act, please complete KLF’s confidential Robocall Questionnaire or, if you prefer to speak with an attorney, please complete the form above on the right, e-mail [email protected] or contact Michael Yarnoff, Esq., [email protected], (215) 792-6676, Ext. 804, for a free, no-obligation evaluation of your potential legal rights.