Real Estate Marketing Firm Denies Class Action Allegations of TCPA Wrongdoing
MarketPro Homebuyers, a real estate marketing company and leads generation business, has complied with the Telephone Consumer Protection Act “and is entitled to each defense stated in the TCPA and any and all limitations of liability,” said its answer Tuesday…
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(docket 1:23-cv-02364) in U.S. District Court for Maryland in Baltimore to the class action allegations of plaintiffs Erin Wilcox and Connie Slingbaum (see 2308300002). The plaintiffs allege that MarketPro bombards consumers whose numbers are listed on the national do not call registry with text-message solicitations seeking to buy their homes for cash “as is.” But the plaintiffs’ claims are barred because MarketPro didn’t initiate any telephone solicitations nor engage in telemarketing activity directed to them, said MarketPro’s answer. The plaintiffs also failed to take reasonable steps “to mitigate, alter, reduce, or otherwise diminish the alleged damages,” and so they’re barred “from recovering any damages that might have been prevented,” it said. MarketPro also contends that the plaintiffs aren’t the owners of the cellphone numbers identified in their complaint, and that they don’t maintain those numbers “as personal residential numbers,” it said.