A District Court judge in Maryland has denied a defendant’s motion to dismiss after it was sued for violating the Telephone Consumer Protection Act by sending text messages seeking to buy homes in any condition to individuals who did not provide prior consent to receiving the messages.
The Background: The defendant, MarketPro, is a real estate marketing and lead generation business based in Maryland. The plaintiffs registered their cell phone numbers with the Do Not Call Registry more than 14 years ago. Since 2021, however, the plaintiffs have received multiple text messages from “MPH” and “MPH of Rockville” or “MPH of PA” which the plaintiffs allege are all MarketPro. The messages offer to buy homes in any condition or as-is. The plaintiffs had no previous interaction with MarketPro and no interest in selling their home, according to the complaint.
- The defendant’s website indicates it buys homes while also offering ancillary services like cleaning, packing, moving, and title. The defendant then advertises the homes it acquires on a different site.
- The plaintiffs allege that the defendant sends text messages to homeowners without first obtaining their written consent. They accuse the defendant of violating the TCPA by soliciting subscribers to the Do Not Call registry and failing to provide the called party with the name of the person on whose behalf the calls were made.
The Ruling: The defendant argued that its messages were not telemarketing messages because they did not encourage the plaintiffs to purchase anything — instead they are trying to get the plaintiffs to sell something.
- At this stage of the proceedings, there are sufficient allegations to defeat a motion to dismiss, ruled Judge Stephanie A. Gallagher of the District Court for the District of Maryland.
- In discovery, the precise structure of the defendant’s business and the connection between its home purchases and the sale of associated services will come to light and only then will the judge be able to determine the defendant’s intentions, she ruled.