Kai Data Unwanted Telemarketing Cell Phone Calls TCPA Class Action

Who is Kai Data, LLC? The complaint for this class action alleges it is a “data mining system” that serves real estate companies—and that it violates the Telephone Consumer Protection Act (TCPA).

The complaint alleges, “Kai Data scrapes the Internet for names and phone numbers of people who have listed their homes for sale, including (1) For Sale By Owner, (2) For Rent By Owner, [and] (3) Expired Listings.” It then puts the numbers into a data base, the complaint claims, which it can sell as leads to real estate agents and brokers.

That’s not all. According to the complaint, “Kai Data also gathers community-wide information with a feature called ‘Neighborhood Search’, to enable real estate agents and brokers to contact the neighbors of these listings, to create ‘buzz’ regarding an open house in the neighborhood, or to ‘farm’ the buyers and sellers in any given area.”

Finally, Kai Data offers these real estate businesses the use of its Vulcan 7 Dialer to place calls to the numbers in its database. Subscribers pay a monthly fee to use the dialer to call the numbers Kai Data has assembled.

The complaint says, “Subscribers using Kai Data’s Vulcan 7 Dialer cannot and do not use the dialer to call phone numbers other than the phone numbers gathered by Kai Data and stored in the Kai Data database.”

According to the complaint, “Kai Data makes zero effort to obtain the express, written consent of the individuals being called, before adding that individual’s phone number to its database to be called by the legions of Kai Data subscribers…” The complaint also says that, on information and belief, Kai Data has no internal Do Not Call List, a requirement for telemarketers if they wish to obey the law.

Kai Data picked up the cell phone number of plaintiff Eta Tikotzky around June 2019, the complaint said, after which Tikotzky was bombarded with incessant calls, text messages and prerecorded voice messages from Kai Data subscribers…”

The calls came from at least three different real estate businesses, and some of them left prerecorded messages behind.

Tikotzky claims never to have given any prior express written consent to receive such telemarketing calls to her cell phone.

Two classes have been defined for this action.

  • The Prerecorded Voice Message Class is all individuals in the US whose cell phones were called by Kai Data or its agents or employees, using an artificial or prerecorded voice message, between February 2, 2017 and February 2, 2021.
  • The Phone Call Class is all individuals in the US whose cell phones were called by Kai Data or its agents or employees, using the Vulcan 7 dialer, between February 2, 2017 and February 2, 2021.
Article Type: Lawsuit
Topic: Privacy

Most Recent Case Event

Kai Data Unwanted Telemarketing Cell Phone Calls TCPA Complaint

February 2, 2021

Who is Kai Data, LLC? The complaint for this class action alleges it is a “data mining system” that serves real estate companies—and that it violates the Telephone Consumer Protection Act (TCPA).

Kai Data Unwanted Telemarketing Cell Phone Calls TCPA Complaint

Case Event History

Kai Data Unwanted Telemarketing Cell Phone Calls TCPA Complaint

February 2, 2021

Who is Kai Data, LLC? The complaint for this class action alleges it is a “data mining system” that serves real estate companies—and that it violates the Telephone Consumer Protection Act (TCPA).

Kai Data Unwanted Telemarketing Cell Phone Calls TCPA Complaint
Tags: TCPA, Unsolicited Cell Phone Calls, Use of Automatic-Capable Dialer, Use of artificial or pre-recorded voice