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A Realtor.com class action lawsuit says the daily text messages sent on behalf of the website owned by the National Association of Realtors and operated by Move Inc. are spam and violate the Telephone Consumer Protection Act.
In the Realtor.com class action lawsuit, plaintiff Courtney Silverman claims that she has received hundreds of unwanted text messages from Realtor.com.
Additionally, she alleges that although each text message included the option to opt out of text messages by texting “STOP” to the number, this had no effect, and she received more than 200 texts after replying “STOP” to the first text.
The Realtor.com unwanted texts class action lawsuit claims that the companies sent spam text messages to many people, violating the TCPA in its communication with every person to whom they sent spam text messages without gaining consent. She seeks damages on behalf of herself and all similarly affected individuals in Florida.
The Realtor.com TCPA class action lawsuit claims that Move Inc. and the National Association of Realtors knew or should have known that the text messages violated the TCPA, and made a widespread practice of sending the text messages nonetheless.
Silverman argues that the text messages sent by Realtor.com violate the Telephone Consumer Protection Act, an act designed to protect the privacy of individuals from bothersome spam text messages and calls.
According to the Realtor.com class action lawsuit, the TCPA prohibits businesses from contacting individuals without their express consent. Silverman says that Move Inc. and the National Association of Realtors did not obtain her consent, or the consent of others, before sending these texts.
Additionally, Silverman claims that not only did the companies not gain her consent before sending the messages, they did not give her a viable option by which she could opt out, because their option for her to text “STOP” if she no longer wished to receive text messages had no effect.
The Realtor.com class action lawsuit states that the TCPA prohibits the use of automatic dialing systems when businesses send text messages to individuals.
Silverman claims that Realtor.com used such a device when texting her and others, sending them messages en masse that were not tailored to the recipient, but were broad, spam text messages intended for many people.
The plaintiff says she knows that the text messages were mass text messages because the messages were generic and were sent from a Short Code, non-conventional phone number.
Silverman is represented by Jordan A. Shaw of Zebersky Payne LLP.
The Realtor.com Advertising Texts Class Action Lawsuit is Courtney Silverman v. Move Inc., et al., Case No. 0:18-cv-62189-RNS, in the U.S. District Court for the Southern District of Florida, Fort Lauderdale Division.
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If you were contacted on your cell phone by a company via an unsolicited text message (text spam) or prerecorded voice message (robocall), you may be eligible for compensation under the Telephone Consumer Protection Act.
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