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Class action lawsuit alleges Zillow violated agents’ phone rights

A new class action suit out of Florida alleges that Zillow has violated multiple laws protecting consumers’ rights against telemarketing abuses.

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Class action lawsuit against Zillow

(AGENT/GENIUS) – According to court documents, a Florida real estate licensee has filed a class action lawsuit1, alleging that Zillow violated the 22-year old Telephone Consumer Protection Act (TCPA) which forbids any autodialer calls to cell phones.

Filed in the U.S. District Court, Southern District of Florida, the Plaintiff alleges that Zillow did not have prior express consent to use automated phone dialing systems to telemarket to her and other Realtors, and that she had no pre-existing relationship with Zillow, nor did she give permission for the company to contact her.

Allegations include National Do Not Call Registry violations

Allegations also point to Zillow calling individuals on the National Do Not Call Registry, therefore, the lawsuit is suing on behalf of all real estate licensees in the State of Florida whose cell phones were contacted using an autodialer, as well as licensees who were also on the DNC Registry who, within the four years before the filing received more than one telemarketing call within any 12-month period from, or on behalf of, Zillow offering its services.

The suit alleges there are hundreds, perhaps thousands of real estate licensees in Florida impacted, and in cases of this nature, the inevitable likely next step is that all licensees in the state will receive letters in the mail asking if they were either contacted by Zillow while on the DNC Registry, or whose cell phones were called by autodialers.

Jury trial requested

The Plaintiff has requested a trial by jury, and relief sought includes injunctive relief to bar future TCPA violations, statutory damages, attorney’s fees, and any other rewards the Court deems just and proper.

The real estate industry is well trained to observe the TCPA, and if true, it could be seen as a cruel irony that cold calling has been a terrifying minefield for agents, but they are the subject of having their own rights violated.

1 Case 0:13-cv-62559-WJZ

Tara Steele is the News Director at The American Genius, covering entrepreneur, real estate, technology news and everything in between. If you'd like to reach Tara with a question, comment, press release or hot news tip, simply click the link below.

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1 Comment

1 Comment

  1. Fred Glick

    December 4, 2013 at 5:57 pm

    I am sure this will be dismissed. It’s B-to-B and the DNC list applies to B-to-C calls.

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Business News

Ending a dismal year, Samsung says goodbye to CEO

(BUSINESS NEWS) Following a tumultuous year, Samsung now must face their CEO, Kwon Oh-hyun, stepping down.

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Among exploding phones, recalled washing machines and an indicted former chairman, Samsung has had a rough year. Just as they start to get back on track, they have one more crisis to deal with.

Kwon Oh-hyun, Samsung CEO, has officially announced his departure.

In a letter to the employees, Kwon announced his plans to leave the company by March of next year. His words touch on all of the typical sentiments, like that he “had been thinking long and hard about (leaving) for quite some time,” and that he wants to “move on to the next chapter in his life.”

What Kwon doesn’t make clear are his exact reasons for leaving.

He mentions that Samsung is in an “unprecedented crisis inside and out,” without sharing any specifics. Via his own words, Samsung needs to reshape their company to keep up with the ever-changing IT industry.

Kwon believes that young, fresh leadership could be the answer that Samsung needs.

Though Kwon’s departure may seem like another hit for the company, it could be a new chapter for Samsung as well.

And it is a change they desperately need. Recently, Samsung has made the headlines with scandal after scandal.

Earlier this year, Jay Y. Lee, former Vice chairman, was found guilty on multiple charges of bribery. The charge, which Lee is now serving five years in prison for, also resulted in the impeachment of South Korean President Park Geun-hye.

Samsung also lived through two major recalls this year. They officially took the Galaxy Note 7 off of the market after various accusations of batteries overheating led to fires.

Samsung also recalled 2.8 million washing machines because their “violent vibrations” caused some users to be injured.

Major scandals like these are enough for any company to flop. However, Samsung is still in the game. Kwon’s letter calls for the company to start anew, which is exactly what they need to do to stay afloat.

Of course, creating devices that do not cause injuries and fires will be a start. In addition, new leadership will keep the company relevant and hopefully, revive their reputation.

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Business News

Identity-protecting roller stamps are a must for any office

(BUSINESS NEWS) Your identity is one of the most valuable things, that’s why Guard Your ID has created a stamp for when shredders won’t work.

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The massive Equifax hack made nearly everyone feel vulnerable, but the truth is that every day we knowingly engage in activity that puts our privacy at risk.

Just think of how many times you give up your telephone number when signing up for a new magazine subscription. Or the numerous times you thoughtlessly threw away mail containing confidential information.

There are so many opportunities to accidentally reveal private information but luckily, there are an equal number of ways to prevent it. Though you may think that identity theft could never happen to you, it’s better to be safe than sorry.

Of the various tools invented to help you protect your identity, one of the newest is actually very simple. The company Guard Your ID has recently introduced privacy protection rollers and stamps. These gadgets are simple, quick and effective to help shield your identity on virtually anything.

The oil-based ink works on both glossy and non-glossy surfaces without smearing or rubbing off. These stamps work by creating an encrypted pattern which makes text unreadable.

Though shredding is another effective way to protect your identity, the rollers and stamps are more environmentally friendly. At some centers, shredded paper cannot be accepted as recyclable material. In addition, you can stamp more things that you can shred.

For example, you may want to cover up a label on a prescription bottle. The protection stamps are more versatile than shredding, and also more cost effective.

An Identity Protection Stamp can be purchased for under $20 and has a shelf life of 2-3 years. A wide format roller is also available for larger surfaces. In addition, refillable ink can be bought for the wide rollers.

It may seem like a nuisance to start stamping every label, bank statement and mail that contains any piece of private information on it, but in the end, it may be worth it. Just think of how much time you will spend freezing your accounts and recovering your identity if it is stolen.

It may seem silly, but today even a simple stamp goes a long way in protecting your identity.

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Business News

Zuckerberg used VR to highlight hurricane Maria destruction

(BUSINESS NEWS) Mark Zuckerberg tapped into his Occulus VR conference abilities to highlight the damage Hurricane Maria did to Puerto Rico.

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We know at this point that Puerto Rico was devastated by Hurricane Maria, but it can be difficult to understand the true extent of the damage without being there. We’ve seen some images and some video but Mark Zuckerberg is taking it to another level.

In a new partnership with the Red Cross, Zuck is taking to virtual reality to assist relief efforts.

In a presentation from Facebook’s Silicon Valley headquarters, Zuckerberg took Facebook users on a 360-degree tour of the hurricane destroyed island, using a combination of artificial intelligence and satellite imagery to determine areas with the most significant need.

Explaining his use of technology and its purpose, Zuckerberg said, “We use artificial intelligence to build what we call ‘population maps’ so you can look at satellite imagery of an area and get a sense of where it is that people actually live and the density of different places and where there’s infrastructure going to in those places. That’s going to help the Red Cross figure out where people are who need help.”

He also went through Facebook’s plans to restore internet connectivity on the island, which has been struggling to get power and resources back after the category 3 hurricane slammed the island with 125 mile per hour winds last month.

Zuckerberg said his company has already sent employees to the island to investigate damage and get networks working properly.

Speaking on the importance of internet and its integral role in the island’s ability to communicate domestically and abroad, he said, “When you are in the middle of a disaster like this, it’s really important that people have access to the internet. But it’s also important so that when relief workers go down there, they can coordinate with each other and know where people need help.”

There has been a bit of blowback from the VR tour though. A few of Zuck’s critics are calling him “tone deaf” saying that having the avatar chit-chat in front of flooded and destroyed home made it seem like he was cashing in on a natural disaster to plug his Occulus brand.

While his intentions were probably in the right spot, no matter how it came off, this is the first time that VR has been used for disaster coverage and we’re sure it won’t be the last.

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