CAN’T MAKE THIS UP: Keller Williams Just Sued AGAIN In A TCPA Class Action Over Text Messages that Won’t Stop

Keller Williams is REALLY getting roughed up under the TCPA right now. And the latest blow may be the worst of all.

You already know about their $40MM settlement last year.

THE TCPA DANGER REMAINS: Keller Williams Realty Agrees to MASSIVE $40MM TCPA Settlement–But Will it Hold UP?

And last week over 15 thousand of you read my post on Keller Williams’ big loss holding it can be liable for the actions of its agents.

KELLER WILLIAMS IN TCPA TROUBLE AGAIN: Big Jurisdictional Loss Further Erodes Argument Real Estate Brokers Aren’t Responsible for Conduct of Agents

The news was big enough that KW’s corporate PR folks had to get involved.

KELLER WILLIAMS REPSONDS TO RECENT TCPA RULING–ASSERTS “CONFIDENCE” IN DEFENSE

Eesh.

Well now in a “you cant make this up” moment, the biggest shoe may have just dropped for KW.

On Friday a new TCPA class action against KW was filed in federal court in Miami and if the allegations are true Keller Williams is in a ton of trouble. Just a ton.

The case stems out of a claim that KW brokerages are not communicating DNC requests to one another. So one independent KW agent might be told to stop calling or texting but they aren’t letting the mothership know. So a different KW agent might turn around and call the same person.

This is the EXACT sort of conduct that cost Dish hundreds of millions of dollars a while back and I CANNOT BELEIVE Keller Williams would have such a massive blindspot.

Let us hope, therefore, that the allegations are not true.

The defined classes are as follows:

Do Not Call Registry Class: All persons in the United
States who from four years prior to the filing of this action
(1) were sent a text message by or on behalf of Defendant;
(2) more than one time within any 12-month period; (3)
where the person’s telephone number had been listed on
the National Do Not Call Registry for at least thirty days;
(4) for the purpose of selling Defendant’s products and
services; and (5) for whom Defendant claims (a) it did not
obtain prior express written consent, or (b) it obtained
prior express written consent in the same manner as
Defendant claims it supposedly obtained prior express
written consent to call the Plaintiff.

National Internal Do Not Call Class: All persons within the
United States who, within the four years prior to the filing
of this Complaint, were sent a text message from
Defendant or anyone on Defendant’s behalf, to said
person’s residential telephone number after making a
request to Defendant to not receive future text messages.

You can read the full complaint here: Keller Williams Class Action

We’ll keep an eye on this.

Also, highly recommend Keller Williams’ top brass attend the Law Conference of Champions in July–where we will be providing best-on-Earth compliance guidance for enterprise TCPA issues. My goodness does it look like they need it.

Happy to welcome the rest of you as well. Literally LESS THAN FIVE tickets available for the in-person event. EESH. Who will get them?

Chat soon.