SAN JOSE, Calif., Dec. 31, 2020 /PRNewswire/ — The lawsuit claims that Intero Real Estate Services (“Intero” or “Defendant”) violated the Telephone Consumer Protection Act (“TCPA”) because certain of its California sales associates allegedly placed telephone calls to Plaintiff and approximately 69,000 others to solicit real estate business at telephone numbers registered on the National Do Not Call Registry. Generally, the TCPA prohibits persons from placing more than one telephone call within a 12-month span to protected persons if the number was registered on the National Do Not Call Registry. The TCPA authorizes protected persons who prove they received calls that violate the statute to recover money and a court order to stop the calls. Intero contends that it does not make telephone calls to solicit real estate business. Intero denies that it did anything wrong and denies that it is liable for the alleged calls at issue in this lawsuit. The Court has not decided who is right. A trial is scheduled to begin on November 15, 2021.
The Court has ruled that this lawsuit is going forward as a class action. This means that the Plaintiff will act as the Class Representative, trying to get money damages and court ordered changes to Intero’s alleged practices for everyone who is a Class Member.
The Court decided that the Class includes individuals in the United States whose non-business telephone number was on the National Do Not Call Registry for at least 31 days, and who received more than one call promoting Intero’s goods or services on that non-business telephone number after September 13, 2014 that was placed through Mojo Dialing Solutions, LLC (“Mojo”) and appears in the 35 Mojo account files identified by the Court. Only calls from certain Intero agents using the Mojo dialer service are part of this case. Individuals may have received other calls from other Intero agents that are NOT currently covered by this case. By inputting their phone number(s) into an inquiry form on the Case Website, www.InteroClassAction.com, individuals can confirm whether they are Class Members. Intero has reserved the right to challenge any membership.
Class Members must choose whether to stay in the Class. If Class Members stay in the Class, and money or benefits are obtained for the Class, they will be notified about what they must do to share in any benefits for which they may be eligible. Class Members will be bound by all orders and judgments of the Court, whether favorable or not, and they won’t be able to sue the Defendant for the claims at issue in this case. If Class Members want to stay in the Class, THEY DO NOT HAVE TO DO ANYTHING NOW.
To be excluded from the Class, please visit www.InteroClassAction.com for instructions or call toll-free 1-800-718-0429. Class Members must mail their exclusion request postmarked by March 1, 2021. If Class Members exclude themselves, they cannot get any money or benefits from the lawsuit, but they will not be bound by any orders or judgments in the case. If Class Members do not request exclusion, they may (but do not have to) enter an appearance in the Court through their own counsel. The Court has appointed Tycko & Zavareei LLP and Reese LLP as Class counsel. Detailed information is available at www.InteroClassAction.com and toll-free at 1-800-718-0429. Class Members should not call Intero personnel, its counsel, or any Intero agent about this case.
SOURCE United States District Court for the Northern District of California