eXp Realty unsolicited calls $26.9M class action lawsuit settlement

eXp Realty agreed to pay $26.9 million to resolve claims it violated the Telephone Consumer Protection Act (TCPA) with unsolicited telemarketing calls.

The settlement benefits consumers who received telemarketing calls from one or more eXp real estate agents since Oct. 30, 2014. Calls covered by the eXp Realty settlement were placed using Mojo or Vulcan7 automatic dialing systems and may have resulted in a “drop message” or voicemail.

eXp Realty is an online global real estate brokerage that partners with real estate agents across the country to buy and sell homes. According to the company’s website, eXp Realty sets itself apart from the competition with its cloud-based model and global community of agents.

eXp realtors may violate telemarketing laws by cold calling potential clients without their consent. A 2018 class action lawsuit claims that eXp realtors placed pre-recorded phone calls to potential clients using automatic dialing systems. 

According to the telemarketing class action lawsuit, these phone calls violated the TCPA, a federal law that prohibits businesses from placing telemarketing calls without express written consent from consumers. The law also prohibits the use of automatic dialers or prerecorded messages without consent.

Failure to comply with the TCPA can result in thousands of dollars in fines. Plaintiffs in the TCPA class action lawsuit sought these damages from eXp Realty as a result of the unsolicited telemarketing phone calls they received.

Although eXp realtors were the ones behind these phone calls, plaintiffs in the case contend that eXp Realty is responsible for the alleged illegal phone calls. 

eXp Realty hasn’t admitted any legal wrongdoing but agreed to resolve these TCPA allegations with a $26.91 million class action settlement.

Under the terms of the settlement, class members can collect a cash payment. Payments are capped at $90 per class member, but may be lower depending on the number of claimants who participate in the settlement and the amount of fees deducted.

In addition to providing funds for cash payments, eXp Realty agreed to make changes to its policies. The company will remove cold-call telemarketing materials from its internal cloud storage and will replace them with materials covering TCPA compliance.

The deadline for exclusion and objection is July 7, 2022. Class members who exclude themselves from the settlement will not receive a payment. 

The final approval hearing for the settlement is scheduled for Aug. 12, 2022. Class members are not required to attend this hearing.

In order to receive a payment from the settlement, class members must submit a valid claim form by July 7, 2022.

Who’s Eligible

The settlement benefits consumers who received telemarketing calls from one or more eXp real estate agents since Oct. 30, 2014. Calls covered by the eXp Realty settlement were placed using Mojo or Vulcan7 automatic dialing systems and may have resulted in a “drop message” or voicemail.

Potential Award

Up to $90.

Proof of Purchase

Provide the phone numbers that received the unwanted calls

Claim Form

NOTE: If you do not qualify for this settlement do NOT file a claim.

Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.

Claim Form Deadline

07/07/2022

Case Name

Bruce Wright, et al. v. eXp Realty, LLC, Case No. 6:18-CV-01851, in the U.S. District Court for the Middle District of Florida

Final Hearing

08/12/2022

Settlement Website

WrighteXpSettlement.com

Claims Administrator

Wright v. eXp Realty Settlement Administrator
P.O. Box 43517
Providence, RI 02940-3517
Call our toll free number:
855-756-3958
admin@wrightexpsettlement.com

Class Counsel

Avi Kaufman
KAUFMAN PA

Stefan Coleman
LAW OFFICES OF STEFAN COLEMAN PA

Defense Counsel

James H Bramble
eXp REALTY, LLC