By Stefan Coleman, Esq. | TCPA Class Action Attorney
If you’ve ever received unwanted text messages from real estate agents trying to solicit your business—especially when you’re on the Do Not Call Registry—you know how frustrating and invasive it can be. The good news? The law is on your side, and holding these companies accountable is exactly what we do.
We’re proud to announce a $400,000 class action settlement in Nicotra v. Bayside NY Homes LLC d/b/a Keller Williams Realty Landmark, Case No. 1:24-cv-04459 in the U.S. District Court for the Eastern District of New York. This settlement sends a clear message to real estate brokerages across the country: train your agents to cold call and text consumers illegally, and you will pay.
What This Case Was About
Our client, Stacy Nicotra, was a Long Island resident who had done everything right. She registered her cell phone number on the National Do Not Call Registry specifically to avoid unsolicited marketing calls and texts. She wasn’t looking to buy or sell a home. She didn’t own a property. And she had never given her number to any Keller Williams agent.
Yet in April 2024, she started receiving repeated telemarketing text messages from a Keller Williams Realty Landmark agent about an expired property listing—a listing that had nothing to do with her. The texts kept coming, day after day.
This wasn’t a one-off mistake. Our investigation revealed a systematic pattern: Keller Williams Realty Landmark was actively training its agents to cold call and text consumers using third-party lead generation tools like Vulcan7 and RedX. They sent daily lists of expired listings to their agents. They hosted training sessions specifically focused on “lead generation” and “prospecting.” One of their top agents even admitted on video that she doesn’t “feel comfortable cold calling” but does it anyway “because that’s what separates you from others.”
In other words, the brokerage built its business model around violating the Telephone Consumer Protection Act.
The Settlement: $400,000 for Over 1,000 Consumers
The settlement class includes 1,019 unique phone numbers that were registered on the National Do Not Call Registry and received multiple telemarketing texts from the defendant’s agent within a 12-month period. Class members who submit valid claims will receive their pro rata share of the settlement fund after deducting costs and fees.
Judge Frederic Block of the Eastern District of New York is overseeing the case, and we’re confident the settlement represents an excellent result for the class.
Why This Case Matters
This case is part of a broader pattern we’ve been fighting for years. Real estate brokerages across the country have been training their agents to engage in aggressive cold calling and texting campaigns—and then trying to hide behind the “independent contractor” defense when they get caught.
But here’s what they don’t tell you: when a brokerage provides the training, the leads, the tools, and the encouragement to make these illegal calls, they can be held vicariously liable under the TCPA. It doesn’t matter that the agent is technically an “independent contractor.” If you’re running the playbook, you own the consequences.
We’ve been at the forefront of this fight, with similar cases against major real estate companies including eXp Realty, LPT Realty, and The Agency. The real estate industry needs to understand that there are consequences for building a business on illegal telemarketing.
Are You Receiving Unwanted Calls or Texts from Real Estate Agents?
If you’re on the Do Not Call Registry and you’ve received unsolicited calls or texts from real estate agents, you may have a case. The TCPA provides for statutory damages of $500 per violation—and up to $1,500 per call if the violation was willful.
Here’s what to do:
1. Save everything. Don’t delete those text messages. Screenshot them. Note the dates and times.
2. Check your DNC registration. You can verify your registration status at donotcall.gov. Your number needs to have been on the registry for at least 30 days before the calls began.
3. Report it. Visit ReportTelemarketer.com to let us know what happened. We’ve helped over 300,000 consumers since 2009, and we review every submission.
4. Contact us. If you’ve received multiple calls or texts from the same company or its agents, you may be entitled to significant compensation—and you may be able to represent a class of others who were similarly affected.
About Our Practice
At Coleman PLLC, we’ve dedicated our practice to fighting unwanted telemarketing. Since launching ReportTelemarketer.com in 2009, we’ve been contacted by over 300,000 consumers and have recovered millions of dollars for victims of illegal robocalls and texts. We work on contingency, which means you pay nothing unless we win.
If you believe you’ve been the victim of illegal telemarketing—whether from a real estate company, debt collector, or anyone else—we want to hear from you. Visit ReportTelemarketer.com or call us at (877) 333-9427.
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Case Reference: Stacy Nicotra v. Bayside NY Homes LLC d/b/a Keller Williams Realty Landmark, Case No. 1:24-cv-04459-FB-SDE (E.D.N.Y.)
Class Counsel: Stefan Coleman, Coleman PLLC and Avi R. Kaufman, Kaufman P.A.