Real estate franchisor Keller Williams agreed to settle a Telephone Consumer Protection Act (TCPA) class action for $40 million. The settlement is in response to complaints covering a wide variety of alleged violations—National Do Not Call (DNC) Registry violations, internal DNC list violations, prerecorded voice violations, and automatic telephone dialing system (ATDS) violations. Unlike the Ninth Circuit in the HelloFresh settlement, this court does not seem to find an issue with the disparate nature of the pool of potential claimants.
Another interesting aspect of this settlement is that complaint was brought in state court rather than federal court. According to Eric Troutman at TCPAWorld, it may be the largest TCPA settlement ever at the state court level. The state court in question is Florida, further highlighting the litigation dangers of the sunshine state.