Keller Williams Sued for TCPA Violations

A plaintiff in New York has filed a class action lawsuit against Keller Williams Realty for sending text messages that allegedly violated the Telephone Consumer Protection Act (TCPA). The plaintiff is seeking up to $1,500 per TCPA violation.

Texting Without Consent Allegations

From April 2024 to March 2025, Keller Williams sent multiple marketing text messages like the ones seen below to the plaintiff.

The plaintiff argues that she never completed any type of form that clearly and conspicuously authorized Keller Williams to contact her residential cellular telephone with marketing text messages. There is also no existing business relationship between the plaintiff and Keller Williams. The plaintiff’s phone number has been registered with the National Do Not Call list since April 2018.

The lawsuit alleges Keller Williams violated the TCPA by contacting thousands of consumers whose numbers were on the DNC list. Consumers are eligible to be a member of the proposed class for this lawsuit if they meet the following criteria in the four years prior to the lawsuit being filed:

• Were sent a marketing text message by or on behalf of the defendant more than one time within any 12-month period.
• The person’s telephone number had been listed on the National Do Not Call Registry for at least thirty days.
• Did not provide Keller Williams with prior express written consent.

Previous Keller Williams TCPA Cases

In 2023, Keller Williams Realty paid a $40 million settlement for TCPA violations, which alleged calling numbers on the National Do Not Call Registry and unsolicited robocalls. In 2024, the company was hit with another class action lawsuit for alleged unsolicited text messages.

Realtors and Telemarketing

Real estate agents might not realize it, but they are telemarketers when they make telephone calls to solicit potential buyers or sellers. They need to be aware of TCPA requirements because, as the Keller Williams cases demonstrate, they are at risk for lawsuits.

Actions Realtors and their brokerages can take to mitigate their risks include:

• Studying federal telemarketing regulations, including the TCPA and the Telemarketing Sales Rule.
• Creating an internal Do Not Call list and honoring requests from consumers that indicate they no longer want to be contacted.
• Checking the National Do Not Call Registry before making non-exempt calls.
• Researching any state-level DNC and telemarketing laws that could be applicable in your location.

To learn more about telemarketing compliance in the real estate industry, read this blog post.

CompliancePoint has a team of experts that can help your business comply with all marketing regulations, including the TCPA, TSR, Do Not Call lists, and all state telemarketing laws. Contact us at connect@compliancepoint.com to learn more about our services.