HIGH STAKES: eXp Realty Sued in Another TCPA Class Action– And a Real Estate Agent Is Named Individually!

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TCPAWorld readers know eXp Realty has faced significant recent setbacks in a TCPA class action it is facing.

Well EXP REALTY OF CALIFORNIA, INC., and an agent named ANGAD BHULLAR were just sued together in a new TCPA class action in California.

The suit brought by ILYA NEPOMNISHY alleges Bhullar made illegal SMS messages to Plaintiff’s number without consent.

According to the complaint:

“To increase their sales, with Exp Realty’s knowledge, Bhullar amassed a list of thousands of phone numbers said to represent property owners, and then sent text messages to thousands of these phone numbers.”

The Plaintiff seeks to represent a very oddly worded class of:

TCPA Class. All persons in the United States who: (1) from the last 4 years to
the filing of this complaint (2) Defendants sent at least one text message;

Pretty obviously missing an element or two from the definition there.

The complaint does not specify an amount of damages sought but with “Thousands” of alleged class members it appears millions of dollars are on the line here.

The important take away for real estate agents– YOU CAN BE PERSONALLY SUED if you are engaging in cold calling or SMS messaging.

Mr.Bhullar might owe millions of dollars here– all from SMS messages he sent!

Don’t listen to those YouTube influencers who tell you to blast consumers, listen to these YouTube influences who help you to understand the law:

Our YouTube channel has over 42,000 followers!!! Are you one?

Full complaint here: eXp TCPA Class Action

Chat soon!

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Published by Eric "Czar" Troutman

The Czar of TCPAWorld Eric Troutman is one of the country’s prominent class action defense lawyers and is nationally recognized in Telephone Consumer Protection Act (TCPA) litigation and compliance. He has served as lead defense counsel in more than 70 national TCPA class actions and has litigated nearly a thousand individual TCPA cases in his role as national strategic litigation counsel for major banks and finance companies. He also helps industry participants build TCPA-compliant processes, policies, and systems. Eric has built a national litigation practice based upon deep experience, rigorous analysis and extraordinary responsiveness. Eric and his team feel equally at home litigating multibillion dollar telecommunications class actions in federal court as they do developing and executing national litigation strategies for institutions facing an onslaught of individual TCPA matters. They thrive in each of these roles – delivering consistently excellent results – while never losing sight of the client experience. While many firms now tout TCPA expertise, Eric has been there from the beginning. He built one of the country’s first TCPA-only defense teams and began serving as national TCPA counsel for his clients nearly a decade ago. This perspective allows him to swiftly develop the right litigation strategies for dealing with recurring problems, without wasting time on tactics that are bound to fail. Eric’s rich historical perspective and encyclopedic knowledge of the TCPA landscape also make him an invaluable resource to institutional compliance teams struggling to comply with the shifting regulatory landscape. No task is too small – or too big. Indeed, Eric and his team have helped build TCPA-compliant systems and processes for some of the largest and most complex corporate entities in the country. He commonly works with in-house compliance counsel to build and implement enterprise and business-line specific TCPA solutions, performs TCPA audits and drafts and reviews proposed TCPA policies and procedures. He and his team also have the technical expertise necessary to assist call centers seeking to develop TCPA-resistant call path architecture or to modify existing telephony and software integration to better insulate from potential TCPA exposure. Eric has built a reputation for thought leadership. An avid blogger and speaker, he has been at the forefront of the industry’s effort to push for clarity and a return to sanity for the TCPA for years. He was selected to advocate for the financial services industry on important TCPA issues before the Federal Communications Commission and co-authored the nation’s only comprehensive practice guide on TCPA defense. In his spare time, Eric leads defense teams representing banks and other financial services companies in consumer finance litigation matters. He has experience representing clients in UCC, TILA, RESPA FCRA, CCRA, CLRA, FDCPA, RFDCPA and FCCPA claims, as well as in fraud and bank operations issues.

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