Florida Man Getting Spam Texts Says Maxim Realtors Is to Blame

Maxim Realtors is facing a new TCPA class action lawsuit, which alleges the company has been sending consumers unwanted text messages.

The TCPA class action lawsuit was filed in Florida federal court, alleging the real estate brokerage company violated federal privacy laws by sending spam text messages to consumers without prior consent.

Plaintiff Christian L. filed this class action lawsuit alleging he received a spam text from Maxim on March 29, 2019, telling him he had to sell his property. According to the complaint, Christian had not given Maxim proper express consent to send him a solicitation text through an automated dialing system.

He argues the alleged spam texts violated the Telephone Consumer Protection Act (TCPA), which requires companies to get express prior consent from consumers before sending solicitation texts or phone calls by way of an automated dialing system.

An automated dialing system works by generating and placing calls to random phone numbers, which is legal under strict circumstances specified by the TCPA.

Overview of TCPA Violations

Maxim allegedly failed to follow these provisions when sending these unwanted texts, Christian claims. His TCPA lawsuit further stated he had promptly responded “STOP” to the company, though he does not specify whether he stopped getting unwanted spam texts after the initial message.

Christian is reportedly seeking to represent a nationwide Class of thousands of consumers who have gotten spam texts from Maxim without prior consent within the last four years.

At this time Christian’s claim does not name any other plaintiffs, with the lawsuit stating that additional class members would later be identified through the discovery process.

“These calls were made without regard to whether defendant had first obtained express permission from the called party to make such calls. In fact, defendant did not have prior express consent to call the cellphones of plaintiff and the other members of the putative class when its calls were made,” the lawsuit stated.

Christian’s TCPA lawsuit is reportedly seeking damages for invasion of privacy, annoyance, conversion, and three other offenses. His claim is asking to issue an injunction against the company to stop sending spam text messages, and rewarding him and other class members damages that are awarded under TCPA penalties.

According to TCPA rules, successful plaintiffs may be awarded $500 or as much as $1,500 per unwanted call, text message, or fax, depending on whether or not willful violation can be proven.

The TCPA was established in the early 1990s to help consumers combat aggressive telemarketers, which requires companies to follow a strict line of rules when contacting potential customers. This includes only calling between 8am to 9pm, and customers only getting spam texts or calls through an automated dialing system if they previously consented to them.

According to the FCC, the TCPA also requires companies to place consumers on their do-not-call registry if they ask for the company to cease contacting them. This request must be honored for up to five years.

Companies that violate these TCPA policies could be at risk for facing serious financial damages, especially if they have a large pool of potential customers.

This Florida Realtor Text Spam Class Action Lawsuit is Case No. 2:19-cv-00208, in the U.S. District Court for the Middle District of Florida.

Join a Free Florida Real Estate Text Spam Class Action Lawsuit Investigation

If you live in Florida and you received a text mesaage, robocall, and/or voicemail from a realtor without your consent, legal help is available.

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This article is not legal advice. It is presented 
for informational purposes only.