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A New York homeowner is suing Keller Williams after one of its agents sent unsolicited text messages advertising her services, according to a new lawsuit filed last week.
Sydney Thayer filed her class action lawsuit against the franchiser in the U.S. District Court for the Western District of New York on June 12, saying the texts were a violation of the Telephone Consumer Protection Act.
Thayer, who lives in Rochester, New York, said she received texts on her phone between April 2024 and March despite her number being on the National Do Not Call Registry.
Screenshots included in the complaint show that an associate broker told Thayer she received her information from Zillow and asked if Thayer was interested in her real estate services.
“Defendant’s unsolicited text messages caused Plaintiff actual harm, including invasion of her privacy, aggravation, annoyance, intrusion on seclusion, trespass, and conversion,” Thayer wrote in her complaint. “Defendant’s text messages also inconvenienced Plaintiff and caused disruption to her daily life.”
The New York resident is seeking $1,500 in damages for each call that is found to have violated the TCPA, as well as an injunction preventing the practice.
A spokesman for Keller Williams acknowledged the lawsuit and said it was looking into the matter.
“We’re aware of the lawsuit alleging a TCPA violation by a real estate agent affiliated with one of our independently owned franchisees, and we are reviewing the matter,” said Darryl Frost, a Keller Williams spokesperson.
The new lawsuit is only the latest in a series of complaints targeting the company’s telemarketing tactics.
In January 2023, Keller Williams Realty agreed to pay $40 million to settle a class action lawsuit that alleged the franchisor’s agents made unsolicited, pre-recorded calls to consumers without their consent, including calls to consumers on the National Do Not Call Registry.
Months after that settlement, Keller Williams was hit with another, similar class action suit filed by a Las Vegas resident.
A slate of attorneys sued the company in 2019 for similar conduct.
