NJ Real Estate Broker Aims To Sink Suit Over Unwanted Texts

Law360 (December 2, 2019, 2:20 PM EST) -- A real estate brokerage asked a New Jersey federal court Monday to toss a proposed class action alleging the business sent unsolicited text messages to a consumer, saying the Telephone Consumer Protection Act claims fall short since the customer did not receive the purported communications via an autodialer.

Plaintiff Faye Casanova alleges Culture Estate LLC encourages its agents to use two programs in sending such messages — Landvoice and Mojo Dialer — but the company said they do not meet the definition of an automatic telephone dialing system under the TCPA since "human intervention" is required.

"Plaintiff cannot prove her alleged...

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