Zoi House Apartments Hit with Class Action Over Alleged Robocalls

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A Florida consumer claims in a proposed class action that Zoi House Apartments placed unlawful robocalls to his cell phone without obtaining prior express consent to do so.

Per the complaint, the calls concerned the purchase or rental of units in Zoi House Apartments, a Miami apartment complex operated by defendant Cassa Grove 28, LLC. The plaintiff, whose number the case notes has been listed on the National Do Not Call Registry since February 2019, claims the calls interfered with his privacy and were placed in violation of the Telephone Consumer Protection Act (TCPA).

According to the case, the plaintiff received a call from the defendant on September 24, 2020. The lawsuit alleges the call was placed using an automatic telephone dialing system (ATDS) as the plaintiff, upon answering the phone, heard a pre-recorded message followed by an “extended pause” before a live representative got on the line.

The plaintiff says he never provided express written consent to receive the non-emergency calls, which the case claims were made “knowingly and willfully.” 

Per the complaint, the pre-recorded message heard by the plaintiff was transmitted by the defendant throughout 2020 to thousands of other individuals, many of whom never consented to receive the calls and whose numbers are listed on the National Do Not Call Registry.

Zoi House Apartments has engaged in unsolicited telemarketing “with no regard for the privacy rights of consumers” in order to gain an advantage over its competitors at the expense of the call recipients, the suit alleges.

“Defendant’s unsolicited marketing practices, among other things, invades the privacy, harasses, aggravates, and disrupt of [sic] the daily life of thousands of individuals,” the complaint reads.

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