Outcome: Approximately $13 million settlement
Chinitz v. Intero Real Estate Services is now Mitchell v. Intero Real Estate Services, No. 5:18-cv-05623-BLF in the United States District Court for the Northern District of California, San Jose Division
Thousands of consumers who were incessantly hounded by unwanted telemarketing calls from Berkshire Hathaway brokerage affiliate Intero Real Estate Services have reason to rejoice. Thanks to a settlement approved by federal Judge Beth Labson Freeman on October 28, 2022, these individuals can now receive a sum of $350 each. The settlement also compels Intero to revamp its practices to prevent further distressing telemarketing calls.
The class involved in this case is comprised of individuals who registered their phone numbers on the National Do Not Call Registry and endured receiving two or more unwanted calls within a 12-month span from Intero and its agents, facilitated through the dialing platform Mojo Dialing Solutions LLC. This class encompasses a staggering 37,962 telephone numbers that were called by the company and its agents over a span of approximately 7.5 years.
Not only does this settlement entail significant settlement payments for those who have already fallen victim to these calls, but it also mandates comprehensive training and compliance efforts on the part of Intero to deter its agents from making such calls in the future. In approving the settlement, Judge Freeman found that “Class Counsel has demonstrated their thorough understanding of the strengths and weaknesses of this case and their extensive experience” litigating class actions.