KANSAS CITY – A Missouri resident claims a real estate company violates the Telephone Consumer Protection Act by sending advertising messages to her phone number listed with the National Do-Not-Call Registry
Mandi Elizabeth Potterf of Festus, Missouri, filed the potential federal class action November 3 against Cash 4 Keys.
According to the complaint, Potter says she has received dozens of unsolicited text messages from Cash 4 Keys, a Missouri-based company engaged in marketing and real estate, despite being registered with the National Do-Not-Call Registry (DNC Registry) since 2018. She claims these messages refer to her by name and discuss an offer to purchase a real estate property from her she does not own.
The complaint says the defendant violates TCPA provisions prohibiting entities from delivering more than one advertisement or marketing text message to residential or cellular telephone numbers registered with the DNC Registry without consent and prohibits entities from delivering these advertising messages without providing information about themselves.
Potter claims to have suffered harm as a result of the defendant's actions, including invasion of privacy, intrusion into her life, nuisance and frustration.
She seeks certification of her class action status and damages plus attorney fees, court costs, and other relief. She also seeks an injunction against the defendant to stop any further violations of the TCPA.
Potter is being represented by Alex D. Kruzyk of Pardell, Kruzyk & Giribaldo in Austin, Texas.
U.S. District Court for the Eastern District of Missouri, Eastern Division case number 4:23-cv-01402