Keller Williams hit with TCPA class action lawsuit

A Rochester resident has filed a federal lawsuit against Keller Williams Realty LLC seeking class action status for alleged violations of the federal Telephone Consumer Protection Act (TCPA).

According to the complaint, filed Thursday in U.S. District Court in Rochester, Keller Williams, a national real estate corporation based in Texas, “engages in aggressive unsolicited telemarketing, harming thousands of consumers in the process.”

“Defendant utilizes aggressive marketing to push its products and services without regards to consumers’ rights under the TCPA,” the suit claims.

The named plaintiff, Sydney Thayer, is represented by Miami attorney Andrew J. Shamis.

The complaint seeks an injunction to stop the supposedly illegal conduct along with actual and statutory damages.

The lawsuit seeks up to $1,500 for each call in violation of the TCPA, which would add up to more than the $5 million threshold for federal court jurisdiction.

The complaint alleges that Keller Williams sent Thayer telemarketing texts from April 2024 through, at least, March 2025.

The messages constitute telemarketing because they encouraged the use of Keller Williams real estate services, the suit claims.

“At no point in time did plaintiff provide defendant with her express written consent to be contacted. Specifically, plaintiff never completed any type of form that clearly and conspicuously authorized defendant to contact plaintiff’s residential cellular telephone with marketing text messages,” according to the suit.

Thayer’s phone number was registered with the national do-not-call registry and the TCPA regulations prohibit any telephone solicitation to a telephone subscriber who has registered their telephone number on the national do-not-call registry, according to the suit.

The complaint proposes a class that includes all persons in the United States who, from four years prior to the filing of the complaint, were sent a text message by, or on behalf of, Keller Williams, more than one time within any 12-month period, where the telephone number was on the national do not call registry for at least 30 days, for the purpose of selling Keller Williams’ products and services, without prior express written consent.

“The exact number and identities of the class members are unknown at this time and can only be ascertained through discovery,” according to the complaint.

The suit claims Keller Williams violated regulations of the do-not-call registry and is liable for damages of up to $500 per violation.

If the alleged misconduct is found to be willful and knowing, the damages could be tripled, according to the suit.

“We are aware of the lawsuit alleging a TCPA violation by a real estate agent affiliated with one of our independently owned franchisees, and we are reviewing the matter,” Keller Williams spokesperson Darryl Frost wrote in an email responding to a request for comment.

[email protected] / (585) 232-2035