With the new FCC TCPA one-to-one consent rules about to take effect in just 18 days everyone at (and in) Lead Generation World was (and is) focused on finalizing their go-to-market strategies with their new solutions.
One company I am constantly asked about is Zillow.
The real estate monster seems to be adopting a multi-pronged approach in response to the new rules and many of its strategies are raising eyebrows as they don’t seem to be completely consistent with one-to-one requirements (not throwing shade, just an observation.)
But if the allegations in a new class action are true Zillow may have a very serious problem with its lead gen funnel that is even more basic than anything having to do with one-to-one. (or it could just be the latest version of one of the oldest TCPA scams in the books.)
In CHET MICHAEL WILSON v. ZILLOW, INC. (W.D. Wash. Case No. 2:25-cv-00048) a Plaintiff sues Zillow over the receipt of multiple text messages related to various Zillow services–including apparently both mortgage and real estate offerings– related to multiple properties.
Per the complaint the plaintiff did not request the messages and the messages continued after Plaintiff texted “stop.”
Most problematically the text messages seem to have all been sent to a single number but are related to different properties and are directed to different recipient names. This suggests the messages are related to different form fills by different consumers, or that Zillow has a big problem with its lead gen engine.
Then again, the last four digits of the Plaintiff’s alleged phone number are allegedly “9999” so this could be another one of those “designed number” lawsuit scams where a Plaintiff buys a speciality number–like (310) 999-9999– just to collect TCPA dollars from companies errantly calling fake numbers. (I helped fight off a series of these sorts of cases any years ago and the experience made me realize how terrible frivolous lawsuits are.)
Still for a company as large as Zillow preventing multiple leads from looping to the same number for different people and property should be viewed as a priority– again Zillow is a massive lead gen engine relied on by so many– so I would be shocked if this is as simple as Zillow not picking up on a simple 9999 scam (but maybe it is.)
I should note I have no idea if the claims are even true and the Plaintiff could be lying. But the complaint does contain multiple screenshots like this one:
In addition to the text messages Zillow also apparently used prerecorded calls to contact the Plaintiff–eesh– so the TCPA’s regulated technology provisions are also at play here.
The Complaint seeks to represent three classes:
Robocall Class: All persons in the United States (1) to whom Zillow, Inc. placed,
or caused to be placed, a call, (2) directed to a number assigned to a cellular
telephone service, but not assigned to a person with an account with Zillow, Inc.,
(3) in connection with which Zillow, Inc. used an artificial or prerecorded voice,
(4) from four years prior to the filing of this complaint through the date of class
certification.
IDNC Class: All persons in the United States who, within the four years
prior to the filing of this lawsuit through the date of class certification,
received two or more telemarketing calls within any 12-month period,
from or on behalf of Zillow, Inc., regarding Zillow, Inc.’s goods or
services, to said person’s residential telephone number, including at least
one call after communicating to Zillow, Inc. that they did not wish to
receive such calls.
DNC CLASS: All persons in the United States who, within the four years
prior to the filing of this action through the date of class certification, (1)
were sent more than one telemarketing call within any 12-month period;
(2) where the person’s telephone number had been listed on the National
Do Not Call Registry for at least thirty days but not assigned to a person
with an account with Zillow, Inc.,; (3) regarding Zillow, Inc.’s property,
goods, and/or services; (4) to said person’s residential telephone number.
Very interesting stuff and we will keep an eye on it for you.
Full complaint here: Zillow Complaint