TCPA Class Action Lawsuit Says Florida Realtor Sends Spam Messages

A Florida man has filed a class action lawsuit against a Keller Williams Franchise, claiming the business sent spam messages to his cell phone.

Plaintiff Adam Koppel says that he did not do business with Keller Williams Realty company or the Keller Williams Realty at Wellington franchise, but claims that he received spam messages to his cell phone from the franchise nonetheless.

He claims that many customers received the same or similar messages and that these messages violate the Telephone Consumer Protection Act.  

With advancing technologies, businesses are more and more able to contact individuals to advertise their goods and services. New technologies and changes to the law can also help consumers stand up to spam messages, but there is not a perfect solution, and consumers may still be stuck with many messages.

In December, the Federal Communications Commission voted that wireless carriers have the authority to block unwanted spam text messages. However, there are drawbacks to this regulation, as this may allow carriers to block messages sent by customers.

According to Koppel’s spam messages class action lawsuit, the company sent an unwanted text message to Koppel’s cell phone on April 27, 2018, that said “Adam Courios [sic] what is your home worth? Let us find out for you. Rent & Raquel Crowe KW Wellington 561-798-3955 (Text STOP 2 stop; HELP 4 help.)”

Koppel says that the message originated from a number owned and operated by Keller Williams Realty at Wellington. He says at the number was a “long code” number that enabled the company to send mass text messages to many individuals while mimicking the appearance of a personalized number operated by a single person.

According to Koppel, companies use long code numbers for mass spam messages by entering into a contractual agreement with companies known as SMS gateway providers to transmit two-way SMS traffic. Allegedly, these messages are transmitted to and from the mobile phone networks responsible for sending the messages to the intended numbers, which is how companies can send large numbers of spam messages from a long code number.

Koppel’s Florida realtor spam messages class action lawsuit says that many people received the same message.

Allegedly, these messages represented a violation of the Telephone Consumer Protection Act, a law that aims to protect individuals’ privacy and aims to limit the number of spam messages that they receive from businesses. The TCPA prohibits businesses from sending spam messages, phone calls, voicemails, and faxes to people who did not give their express prior consent to receive such messages.

According to Koppel, he and many of the other people who received the messages from the Florida realtor did not give their consent to receive the messages.

Koppel says that he suffered actual harm because of the messages because his privacy was invaded, he was caused aggravation, annoyance, his seclusion was intruded upon, and he was trespassed upon. Koppel also says that his daily life was disrupted because of the spam message.

Adam Koppel is represented by Manuel S. Hiraldo of Hiraldo PA.

The Florida Realtor Spam Messages Class Action Lawsuit is Adam Koppel v. Keller Williams Realty Inc. et al., Case No. 9:18-cv-80567, in the U.S. District Court for the Southern District of Florida.

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