Keller Williams slapped with another telemarketing lawsuit
A lawsuit filed in New York is the latest in a string of cases filed in Pennsylvania, Texas and Florida. KW settled the Florida suit in 2023 for $40 million.
Keller Williams Realty is facing a new telemarketing lawsuit alleging that the brokerage contacted an individual by phone despite their number being listed on the National Do Not Call Registry.
The complaint filed in the U.S. District Court for the Western District of New York on June 12 alleges that KW made contact in violation of the Telephone Consumer Protection Act (TCPA). The lawsuit is seeking class action status.
What the lawsuit claims: The complaint was filed by Sydney Thayer, a resident of Rochester, New York, who "has no existing business relationship" with Keller Williams, according to the filing. Thayer allegedly received multiple unsolicited text messages from Keller Williams between April 2024 and March of this year, all of which "constitute telemarketing because they encouraged the future purchase or investment" in the brokerage's services.
Keller Williams "utilizes aggressive marketing to push its products and services without regards to consumers' rights under the TCPA," the complaint alleges. This conduct "resulted in the invasion of privacy, harassment, aggravation, and disruption of the daily life of thousands of individuals," it added.
Damages could be in the millions: The lawsuit's proposed class would include individuals who received more than one unsolicited marketing text message from Keller Williams in a 12-month period dating back to 2021 despite their phone number being listed on the Do Not Call Registry.
Thayer is seeking up to $1,500 per call allegedly made in violation of the TCPA. In anticipation that the class could be "in the tens of thousands, or more," the complaint suggested the total in sought damages could exceed $5 million.
What KW had to say: "We're aware of the lawsuit alleging a TCPA violation by a real estate agent affiliated with one of our independently owned franchisees, and we are reviewing the matter," Keller Williams spokesperson Darryl Frost told Real Estate News.
Prior telemarketing litigation: Keller Williams has faced previous allegations of TCPA violations. Last year, a class action lawsuit was filed in Texas alleging that Keller Williams made calls to consumers whose numbers were listed on the National Do Not Call Registry. That complaint, which was dismissed earlier this year, followed a 2023 telemarketing lawsuit filed in Pennsylvania and a class action lawsuit that Keller Williams settled for $40 million in early 2023 without admitting to any wrongdoing.