Keller Williams Training Endorses Unlawful Cold-Calling TCPA Class Action

This suit, brought under the Telephone Consumer Protection Act (TCPA), does not allege that illegal calls were made by the defendants, Keller Williams Realty, Inc. and KW Management, LLC, which does business as Keller Williams Austin SW. Instead, it claims that the two companies train their real estate agents to make these calls

The class for this action is all persons in the US who, between August 10, 2016 and the certification of the class in this action, (1) a KW Austin SW agent called, (2) on the person’s cell phone, (3) using a prerecorded voice message.

According to the complaint, “KW Austin SW is the first Keller Williams office that founder/CEO Gary Keller opened, the largest real estate office in North America, and Keller Williams’ most productive market center.” One of the main focuses of its training for real estate agents is “lead generation.”

The KW Austin SW team leader Dianne Johnson is quoted in the complaint as saying, “There are a lot of agents that get into the business, and they have to do two things really well: one is lead generate … the second one is mastering scripts.”

The complaint alleges team leader Melanie Kennemann “openly endorses cold calling” and talks about “75 hours a week of lead gen…” According to the complaint, Kennemann endorses “KW BOLD, a multi-week training program produced by Keller Willams which KW Austin SW incentivizes its agents to take.”

The complaint says, “KW BOLD instructs agents to cold call consumers who have never given the agent consent to call them such as consumers with expired listings (who have no relationship with Keller Williams) or for-sale-by-owner consumers who have not invited solicitation calls from Keller Williams agents…” The complaint claims that the “course entails step-by-step training on cold calling … including training them on scripts to use during the calls.”

Tim Heyl, another team leader, is quoted as saying, “We monitor how many contacts they make per dial, how many hours they are on the phone per day, how many nurtures per conversation…” He also has a company called Phone Animal that will make calls on behalf of other agents. The Phone Animal callers, he says, “are making anywhere from 800-1,000 calls a day and the only way you can do that is on an autodialer.”

The complaint quotes from a book written by Gary Keller, the co-founder, chairman, and CEO of Keller Williams: “Remember, success in the lead-generation game is in the numbers, so you simply can’t overdo it. Again, let me reiterate that you can never have too many leads.”

The complaint claims that training sessions may include instruction on using autodialers. Agents are taught that they can prerecord something to leave as a message if their leads do not answer the phone.

Article Type: Lawsuit
Topic: Privacy

Most Recent Case Event

Keller Williams Training Endorses Unlawful Cold-Calling TCPA Complaint

August 10, 2020

This suit, brought under the Telephone Consumer Protection Act (TCPA), does not allege that illegal calls were made by the defendants, Keller Williams Realty, Inc. and KW Management, LLC, which does business as Keller Williams Austin SW. Instead, it claims that the two companies train their real estate agents to make these calls

Keller Williams Training Endorses Unlawful Cold-Calling TCPA Complaint

Case Event History

Keller Williams Training Endorses Unlawful Cold-Calling TCPA Complaint

August 10, 2020

This suit, brought under the Telephone Consumer Protection Act (TCPA), does not allege that illegal calls were made by the defendants, Keller Williams Realty, Inc. and KW Management, LLC, which does business as Keller Williams Austin SW. Instead, it claims that the two companies train their real estate agents to make these calls

Keller Williams Training Endorses Unlawful Cold-Calling TCPA Complaint
Tags: TCPA, Unsolicited Cell Phone Calls, Use of Automatic-Capable Dialer, Use of artificial or pre-recorded voice