Question 1

Why was the notice issued?

Accepted Answer

The Court authorized the notice
[https://angeion-public.s3.amazonaws.com/www.tcparealtylitigation.com/docs/eXp+long+form+notice+-+FINAL.pdf]
to explain that the Court has allowed, or “certified,” a class action lawsuit
that may affect you. You have legal rights and options that you may exercise in
this case, as described below. Judge James L. Robart of the United States
District Court for the Western District of Washington is overseeing this class
action. The lawsuit is called Kelly Usanovic v. eXp Realty, LLC, Case. No
2:23-cv-00687-JLR (W.D. Wash.).

Question 2

What is this lawsuit about?

Accepted Answer

Ms. Usanovic claims that eXp-affiliated real estate agents violated the Federal
Telephone Consumer Protection Act (TCPA) by making unsolicited calls to the
telephone numbers of consumers who were registered on the National Do Not Call
Registry. Ms. Usanovic also claims that eXp is responsible for any illegal calls
made by these real estate agents. eXp denies these allegations and denies that
it violated the Telephone Consumer Protection Act.

Question 3

What is a class action and who is involved?

Accepted Answer

In a class action, one or more people called “class representatives” (in this
case, Kelly Usanovic) sue on behalf of a group of people who may have similar
claims. The people together are a “class” or “class members.” The individual who
sues—and all the class members like them—is called the plaintiff. The company
that they sue (in this case, eXp) is called the Defendant. In a class action,
the Court resolves the issues for all class members, except for those who
exclude themselves from the class.

Question 4

Why is this lawsuit a class action?

Accepted Answer

The Court decided that this lawsuit should be a class action because it meets
the requirements of Federal Rule of Civil Procedure 23, which governs class
actions in federal courts.

Question 5

What does the lawsuit complain about?

Accepted Answer

Ms. Usanovic claims that eXp-affiliated real estate agents violated the federal
Telephone Consumer Protection Act (TCPA) by making more than one telephone call
in a twelve-month period  to residential telephone numbers of consumers who were
registered on the Do Not Call Registry without consent or an established
business relationship to promote the agents’ real estate services. Ms. Usanovic
also claims that eXp is responsible for any illegal calls made by these real
estate agents. You can read a copy of the Plaintiffs’ Class Action Complaint
[https://angeion-public.s3.amazonaws.com/www.tcparealtylitigation.com/docs/1+-+Class+Action+Complaint.pdf]
on the Important Documents [important-documents] page.

FAQs

Basic Information

The Claims in the Lawsuit

Who is in the Class

Your Rights and Options

The Lawyers Representing You

The Trial

Getting More Information

Basic Information

1. Why was the notice issued?

2. What is this lawsuit about?

3. What is a class action and who is involved?

4. Why is this lawsuit a class action?

The Claims in the Lawsuit

5. What does the lawsuit complain about?

6. How does eXp answer?

7. Has the court decided who is right?

8. What is Usanovic asking for?

9. Is there any money available now?

Who is in the Class

10. Am I part of the class?

11. What if I’m still not sure if I am included?

Your Rights and Options

12. What happens if I do nothing at all?

13. Why would I ask to be excluded?

14. How do I ask the Court to exclude me from the Class?

The Lawyers Representing You

15. Do I have a lawyer in the case?

16. Should I get my own lawyer?

17. How will the lawyers be paid?

The Trial

18. How and when will the Court decide who is right?

19. Do I have to come to the trial?

20. Will I get money after the trial?

Getting More Information

21. Where do I get more information?