Keller Williams Realty Class Action Filed Over Robocalls

A recent class action lawsuit claims that Keller Williams Realty sent pre-recorded robocalls to phone numbers on the National Do Not Call Registry.

Plaintiff Brian Hayhurst says he hired a real estate agent from Re/Max when he was interested in selling his property. Through this real estate agent, his property was listed in a private broker database.

However, Hayhurst’s listing expired on May 31, after which he allegedly started to receive robocalls. These calls were placed despite Hayhurst’s number reportedly being on the National Do Not Call Registry since July 22, 2003.

Hayhurt says the robocalls were placed by Keller Williams Realty, a Re/Max competitor. The company reportedly solicited Hayhurst to relist his property using an agent from their office opposed to his current realty agent with Re/Max.

According to the Keller Williams class action lawsuit, the realty company violated the Telephone Consumer Protection Act (TCPA) by making these prerecorded calls. The TCPA protects consumers from harassing telemarketing practices including prerecorded calls and the use of an artificial voice.

Under the TPCA, businesses are not allowed to place telemarketing calls to numbers that have been listed on the National Do Not Call Registry, a country-wide list of numbers that do not want to be contacted with telemarketing offers.

In his Keller Williams TCPA class action, Hayhurst argues that these unsolicited phone calls are a “key component” of the realty company’s marketing model. In order to expand their customer base, Keller Williams allegedly purchases lists of potential leads from telemarketing businesses such as Landvoice Data LLC and RedX.

Landvoice and RedX reportedly provide their clients, allegedly including Keller Williams, with “a web-hosted autodialer for realtors to make marketing calls en masse to those numbers without the recipients’ consent.” As a result, Keller Williams is reportedly able to place massive amounts of unsolicited robocalls to consumers.

“The problem with services like Landvoice and RedX are that by their nature agents are calling consumers who did not ask to be called and when multiple realtors subscribe to these services, property owners are bombarded with multiple calls from real estate agents soliciting them to relist their property with them,” Hayhurst claims in his Keller Williams class action lawsuit.

Hayhurst seeks to represent three Classes in his Keller Williams class action. The first Class includes individuals who received robocalls with a pre-recorded voice despite not having given consent. The second Class includes individuals who received autodialed robocalls despite having not given consent. The third Class includes individuals who received more than one robocall within a year despite being on the National Do Not Call Registry.

The Keller Williams TCPA class action seeks actual damages, statutory damages, injunctive relief, court costs, and attorneys’ fees.

Hayhurst and the proposed Class are represented by Stefan Coleman of the Law Offices of Stefan Coleman PA, Avi R. Kaufman of Kaufman PA and Ted Lewis Johnson.

The Keller Williams TCPA Class Action Lawsuit is Hayhurst v. Keller Williams Realty Inc., Case No. 1:19-cv-00657, in the U.S. District Court for the Middle District of North Carolina.

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Join a Free TCPA Class Action Lawsuit Investigation

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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