An ongoing TCPA case with major implications for real estate brokerages continues to work its way through the court. As you may recall, we previously highlighted eXp Realty’s unsuccessful motion to dismiss plaintiff Daniel Hollis’ complaint in Hollis v. eXp Realty, 2025 WL 2711424 (W.D. Wash Sept. 23, 2025). That blog can be found here: “DIRECTLY LIABLE”: Court Holds eXp Realty Can Be Directly Liable for Calls Made By Agents in TCPA Class Action–It Should Be A Wake UP Call.

In short, the court held that the allegations were sufficient to state a claim for direct liability. The court also found that eXp Realty could be held vicariously liable for calls which were based on its connection with an agent. This obviously changes the rules of the game for brokerages who previously didn’t have to worry about liability for the behavior of their franchisees or agents. Going forward, brokers of record must develop measures to assure TCPA compliance and ensure that they aren’t engaging in behavior that could encourage TCPA violations.

Since eXp Realty’s motion to dismiss was denied, both eXp Realty and individual defendant Aaron Yoon answered the complaint October 7, 2025. The parties held their Rule 26(f) conference on October 29, 2025 and submitted a joint status report to the court on November 28, 2025, setting deadlines and laying out the parties’ positions on discovery. While the plaintiff already served discovery on Yoon, no other party had propounded discovery at the time the joint status report was filed.

So, not much to report at this time. We’ll keep everyone updated as the parties move through discovery.