South Florida agent sues NAR, Move Inc. over unsolicited text messages

by Rincey Abraham

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A South Florida agent is suing NAR and Move, Inc. because of unsolicited text messages that she received through Realtor.com.

In the class action lawsuit, Courtney Silverman alleges that “in their persistent efforts to advertise and solicit business, defendants, acting in concert or on each other’s behalf, engaged in systematic text-message-advertising campaigns, without regard for the law or the privacy rights of others.”

The complaint includes photos of Silverman attempting to opt out of the automated text messages, followed by a message saying that she was unsubscribed. But then she would continue to receives more text messages.

Jordan Shaw, the lawyer represented Silverman, told Inman that the client claims she received more than 200 text messages, but they still need to subpoena phone records to find out exactly how many messages she received.

The lawsuit alleges that Move and NAR violated the Telephone Protection Consumer Act (TCPA).

“Specifically, the TCPA provides that it shall be unlawful for any person within the United States, or any person outside the United States if the recipient is within the United States, to make any call using an ATDS to any telephone number assigned to a cell phone other than a call made for emergency purposes or made with the prior express consent of the called party,” the complaint states.

Silverman is seeking statutory damages for each violation of the TCPA; $1,500 in statutory damages for each violation of the TCPA deemed willful or knowing; a permanent injunction prohibiting the defendants from using an automatic telephone dialing system to call and text telephone numbers assigned to cellular telephones without the prior express consent of the called party; litigation costs and any other relief the court deems proper.

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