Back-to-back posts TCPA World, you have to love it (the facts alleged in this case are too juicy not to talk about though). Let’s break down what Plaintiff claims is going on here.
The two defendants in this one are Zoom Holdings LLC and Nextdoor Holdings LLC. According to Plaintiff’s complaint which was filed in Florida district court yesterday, Zoom Holdings would use an automated system to call individuals about selling their homes, and the pre-recording voice message is the same for all numbers called. Nextdoor Holdings come into play as they are the actual company that purchases homes for cash (they offer quick closing and cash offers for purposes of flipping these homes and either re-selling or renting the revamped home). So, this is where things look really (REALLY) bad for the Defendants in this one: Zoom Holdings makes the calls saying that they, Zoom Holdings, are interested in purchasing that consumer’s home and to call back a number. However, the number that Zoom Holdings is giving out is a line directing consumers to Nextdoor Holdings (AND in Plaintiff’s case, she alleges she was immediately sent to voicemail by Nextdoor and followed by getting a robo-text by Nextdoor). As the title gave away, this “bait and switch” process alleged by Plaintiff is a big no-no and many of aspects of what defendants allegedly were doing here are completely prohibited under the TCPA.
Finally, here’s another interesting thing about this case to note, Plaintiff’s lead counsel is Avi Kaufman – an individual that landed on the Czar’s top 10 power ranking Plaintiff’s attorney list *insert Darth Vader theme song*
I’m interested to see what happens in this case and will provide an update when we are able to get one. Until next time, that’s all from Count Kay!
Packard v. Zoom Holdings LLC
Case No. 822CV01559