Las Vegas Resident Sues N.Y. Christie's Agent for TCPA Text Violation

Real estate agent Christopher Petti violated the Telephone Consumer Protection Act by using calling technology to try to sell real estate services to consumers without their consent, including those subscribed to the national do not call registry, alleged a Monday class action (docket 7:23-cv-01203) in U.S. District Court for Southern New York in White Plains. Plaintiff Jonathan Weinberg of Las Vegas received seven unsolicited text messages Oct. 24-Nov. 10 from, or on behalf of, Petti, an agent with Byrne Homes, a Christie’s International real estate firm in Westchester County, New York, said the complaint. The plaintiff’s attorney called the number associated with the text messages, leading to Byrne Homes agent Mary Jo Ann Byrne, it said. One of the messages, addressed simply to Steven, asked Weinberg to verify his email address so the agent could tailor a home search to his needs, but Weinberg “has never dealt with a Christie’s agent” and “does not know who Steven is.” Weinberg has never used the email address shown on the text message. The unauthorized solicitations -- related to new home searches, open houses and mortgage products -- were a nuisance to Weinberg, an invasion of privacy and caused “wear and tear” on his phone, including battery consumption, said the complaint. The plaintiff seeks an injunction requiring Petti to cease all unsolicited calling activity, plus an award of damages and costs.