Butera v Sugarhouse Real Estate Group, L.C., No. 2:25cv00014 DAK-DAO, 2025 WL 1798968 (D. Utah June 30, 2025)
Background
Plaintiff, who registered his number on the National Do Not Call registry (“DNC”) in 2015, listed a piece of property for sale through a brokerage not affiliated with Defendant in 2020. The listing expired and Plaintiff decided not to relist the Property, after which time he began receiving numerous unsolicited calls and text messages from real estate agents and brokers. In 2024, Plaintiff received a call from Defendant. He did not answer the call but about an ...
After receiving a text message from Defendant advertising Defendant’s products, Plaintiff texted “stop,” his request was acknowledged but Defendant sent him three more text advertisements over a nine day period. Apparently, feeling aggrieved by receipt of the three additional texts, Plaintiff filed a class action lawsuit, claiming that Defendant violated 47 C.F.R. § 64.1200(d), which requires that Parties making certain calls: (1) have written do-not-call procedures for maintaining a do-not-call list; (2) provide training to employees regarding the existence and ...