TCPA Case Accuses Coldwell Banker of Repeated Violations

A recent TCPA case against real estate giant Coldwell Banker accuses the defendant of repeatedly making unauthorized marketing calls.

The class action lawsuit was filed by plaintiff Ronald Chinitz on behalf of himself and others who have repeatedly been contacted via telephone by Coldwell despite numerous requests to cease and desist.

Case Background

The plaintiff, who had registered both his landline and VoIP line with the National Do Not Call Registry in 2003, says he listed his home for sale with his real estate agent in May of 2017. In accordance with standard industry practice, Chinitz says the realtor placed her client’s listing with a Multiple Listing Service (MLS) along with specific instructions to other agents not to contact the owner.

According to the TCPA case filing, defendant Coldwell Banker began calling Chinitz six months later, the same day that his MLS listing expired. During the initial contact, Chinitz says he specifically instructed the defendant not to contact him again.

This request apparently fell upon deaf ears, because Chinitz claims that the calls continued. On a number of occasions, he says, those contacts took the form of pre-recorded “robocalls” in which a voice claimed there was a “bad connection” and that an agent would call back. Afterward, a live person from Coldwell Banker would call, asking the plaintiff if he wished to speak with a “Mr. C.”

These calls, which allegedly originated from a calling center in the Philippines, allegedly continued even after Chinitz made repeated requests for them to stop. He finally went to the top, eventually reaching a regional vice-president who admitted that Coldwell Banker realtors were “reaching out to him” because the company was “low on inventory.” According to his complaint, when Chinitz asked why they would continue to call on expired listings, he received the following reply: “How else are we supposed to generate business?”

The bottom line, according to the complaint: defendant Coldwell Banker allegedly contacted the plaintiff and others similarly situated without their authorization, constituting a violation of the Telephone Consumer Protection Act of 1991.

Provisions of the TCPA

The Telephone Consumers Protection Act was written, passed and signed into law in response to growing complaints about the indiscriminate use of automatic telephone dialing system (ATDS) equipment, which made it far too easy for telemarketers to reach thousands of people at a very low cost.

Over the past three decades, this law has been revised in response to changes in communications technology. Today, a person can bring a TCPA case not only for unwanted telephone calls, but also for unsolicited text (SMS) messages and so-called “ringless” voice mails that bypass the phone altogether and go straight to voice mail. Violators can be liable for up to $1,500 per incident.

Preparing Your TCPA Case

If you have received telemarketing calls from a commercial business entity such as a realtor, restaurant, car dealership or clothing store and did not authorize them to contact you, a TCPA attorney can help you know you rights. Keep in mind that, subject to certain restrictions, solicitations from political organizations, certified charities, and debt collectors are not bound by the TCPA.

The Coldwell Banker Class Action Lawsuit is Chinitz v. Coldwell Banker Real Estate LLC, et al., Case No. 5:18-cv-06100-NC, U.S. District Court, Northern District of California.

Join a Free Coldwell, NRT & Intero TCPA Lawsuit Investigation

If you received an unwanted call from a real estate broker from Coldwell Banker, NRT, or Intero, you may qualify to join this TCPA class action lawsuit investigation.

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