Court to notify telephone subscribers who received marketing calls from or on behalf of Intero Real Estate Services at certain phone numbers registered on the National Do Not Call Registry that a class action lawsuit may affect their rights
SAN JOSE, California, December 31, 2020 / PRNewswire / – The lawsuit alleges that Intero Real Estate Services (“Intero” or “Defendant”) violated the Telephone Consumer Protection Act (“TCPA”) because of certain of its provisions California Salespeople reportedly phoned the plaintiff and approximately 69,000 other people to conduct real estate deals on phone numbers registered with the National Do Not Call Registry. In general, the TCPA prohibits individuals from making more than one phone call to protected individuals within a 12 month period if the number has been registered in the National Uncalled Register. The TCPA gives protected individuals who can demonstrate they received calls that violate the law to claim money back and a court order to stop the calls. Intero claims that no phone calls are made to promote the real estate business. Intero denies it did anything wrong and denies it is liable for the alleged calls at issue in this lawsuit. The court has not decided who is right. A process should begin on November 15, 2021.
The Court has ruled that this action will be brought as a class action. This means that the plaintiff is acting as the class representative, seeking monetary damages, and that the court has ordered changes to the alleged practices of Intero for all who are a member of the class.
The court ruled that the class included individuals The United States whose non-business telephone number has been on the National Non-Business Calls Register for at least 31 days and who has received more than one call to promote Intero’s goods or services on that non-business telephone number September 13, 2014 This was placed through Mojo Dialing Solutions, LLC (“Mojo”) and appears in the 35 Mojo account files identified by the court. Only calls from specific 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. Individuals can confirm whether they are class members by entering their phone number (s) into an inquiry form on the Case website www.InteroClassAction.com. Intero has reserved the right to dispute membership.
Class members must decide if they want to stay in the class. If class members stay in the class and receive money or class benefits, they will be notified of what they need to do to receive the benefits that they may be eligible for. Members of the class are bound by all orders and judgments of the court, whether favorable or not, and they cannot sue the defendant for the claims at issue in this case. If class members want to stay in class, YOU HAVE TO DO NOTHING.
To be excluded from class, please visit www.InteroClassAction.com for instructions or call the toll free number 1-800-718-0429. Class members must post their exclusion request from March 1, 2021. When class members exclude each other, they cannot get any money or benefit from the lawsuit, but in that case they are not bound by orders or judgments. If class members do not request expulsion, they can (but do not have to) appear in court through their own attorney. The court has appointed Tycko & Zavareei LLP and Reese LLP as class counselors. Detailed information is available at www.InteroClassAction.com and toll-free at 1-800-718-0429. Class members should not call Intero staff, their lawyer, or an Intero agent in this case.
SOURCE United States District Court for the Northern District of California