Understanding Telemarketing Laws: Lessons from Hollis v. eXp Realty
- Peter Schneider
- Sep 24, 2025
- 5 min read
Updated: Nov 11, 2025
The Washington State legislature and the United States Congress have outsourced enforcement of telemarketing laws to private citizens through the TCPA and various state laws.
The Importance of Compliance
The intent of these laws is to control bad actors. When consulting with clients or prospective clients about telemarketing litigation, we highly encourage them to consider who is behind the calls. For instance, my law clerk received unwanted calls from a local small gym. He chose not to sue them, believing that targeting a small husband-and-wife business was not going to yield any useful lessons. The same goes for a local car dealer.
Many legitimate businesses make phone calls without annoying people into filing TCPA actions. Staying within the law is the best way to avoid lawsuits. However, let’s examine a realtor who faced a TCPA lawsuit and see what we can learn. The recent case is Hollis v. eXp Realty LLC, filed in the Western District of Washington.
Case Overview
The complaint alleges that Mr. Hollis had never been a customer of eXp Realty or its agent, Mr. Yoon. Notably, Mr. Hollis's phone number is registered on the national DNC list.
The allegations are straightforward. Mr. Hollis states that Mr. Yoon called him on October 25, 2024, October 28, 2024, and February 10, 2025. After the October calls, Mr. Hollis contacted Mr. Yoon's manager to complain.
Key Takeaways from the Case Real Estate Agents should Consider:
1. One Free Call Per Year
Under the TCPA, you are allowed one free voice solicitation call per 12-month period to phone numbers on the FTC DNC list. Two calls in 12 months are too many under the law. Additionally, do not call or text after 8 PM or before 8 AM to the recipient's time zone, and always identify yourself quickly.
2. Washington State Regulations
Washington State has a Consumer Electronic Mail Act that specifically regulates text messages. One unwanted text message could be actionable. CEMA does not require the recipient to be registered on any list.
If the Washington State prospect is registered on the DNC list, it is best to use your one 'free' phone call per year under the TCPA for a voice call, not a text message. If the prospect is not on the FTC's DNC list, stick to voice calls only—no text messages.
Mr. Hollis conducted some research, and here’s what he found from the complaint:
The calls Plaintiff received from eXp Realty, LLC and Aaron Yoon originated from varying telephone numbers and included offers to buy Mr. Hollis's property. According to public information, multiple individuals have filed complaints with the Federal Trade Commission about receiving unwanted calls from the number (509) 895-2336. Another number used by Defendant Yoon, (425) 635-8288, has also been reported as a spam number.
Mr. Hollis used Mr. Yoon's own public persona against him
Aaron Yoon heavily relies on "cold calling" marketing techniques to generate real estate business for himself and eXp Realty, LLC. He maintains a YouTube channel under the handle @Aaron Yoon, where he discusses his marketing techniques and offers coaching to other real estate agents on using cold calling to generate sales leads. In his YouTube videos, Yoon talks about his understanding of the Telephone Consumer Protection Act and related laws concerning cold calling. However, he does not exclude numbers listed on the National Do Not Call List from his calling targets.
Mr. Yoon attracted this lawsuit by making too many calls to Mr. Hollis while publicly advocating cold calling on his YouTube channel. Even if cold calling is a common practice, consumers generally do not appreciate public discussions about it.
3. Keep Cold Calling Private
As a real estate agent, you may feel pressured to prospect. If you choose to cold call, keep it to yourself and off YouTube.
4. Respect Consumer Preferences
If you call numbers on the FTC's DNC list, there are additional requirements regarding maintaining an internal DNC list and policy. Washington State telemarketing law also mandates certain actions if the called party indicates they do not wish to receive more calls.
5. Understand TCPA Regulations
The TCPA regulates calls made by or on behalf of the same entity. Many real estate agents call for sale by owner listings or expired listings. It is likely that Mr. Hollis received calls from other eXp realtors, but those callers are not listed in the complaint—only Mr. Yoon is.
From personal experience, I know that the people who are a nuisance often get sued. I've received cold calls from various real estate agents. Some were pleasant and well-informed about market conditions, and I would have considered hiring them if circumstances were different.
6. Limit Your Calls
I do not recommend any actions outside telemarketing law, but your odds of being sued decrease significantly if you limit yourself to 1-2 phone calls, identify yourself, and approach the conversation with kindness and helpfulness rather than reading from a sales script.
7. Avoid Warm Transfers
Whatever you do, never buy warm transfers. Warm transfers come from lead sources that, despite any promises of indemnification, can carry hidden liabilities. Accepting even one warm transfer can expose you to significant legal risks.
8. Be Cautious with Lead Generators
Along with avoiding warm transfers, be wary of lead generators offering names and phone numbers. It may require more effort, but a plaintiff can link you to the lead source, putting you in the same legal predicament as with warm transfers.
The Outcome of the Case
eXp Realty attempted to dismiss or limit the scope of Mr. Hollis's lawsuit but was unsuccessful.
eXp Realty argues that it "did not make or initiate" the calls and text messages that Mr. Hollis received. They assert that Mr. Hollis failed to sufficiently allege eXp Realty's direct liability under the TCPA. However, Mr. Hollis alleges that eXp Realty, along with Mr. Yoon, made multiple calls to his cell phone. He also claims that callers identified themselves as acting on behalf of eXp Realty.
Furthermore, Mr. Hollis includes allegations that allow the court to infer that eXp Realty controlled the content of the calls he received. He provides details about the questions asked during the calls and asserts that the callers followed similar scripts to promote eXp Realty.
As I mentioned earlier, I've received cold calls from real estate agents. The experience varies significantly between an agent who genuinely wants to help and one who is clearly reading from a sales script. This lawsuit illustrates why Mr. Yoon was sued while many other real estate agents were not.
Final Thoughts
If you are a lone agent making cold calls, my advice is to be friendly and try to build a relationship based on useful information for the prospective client. Be yourself and avoid reading from a script. I have had real estate agents cold call me, and I was more than willing to hire them if circumstances allowed because they provided valuable information.
While I cannot guarantee that no one will sue you, this lawsuit demonstrates that most people are unlikely to sue individuals they like. Mr. Yoon's excessive calls and his annoying approach, combined with his public discussions about cold calling, explain why he faced legal action while others did not.
Got a Case Like This?
If you’ve encountered similar issues with telemarketers, debt collectors, or bankruptcy-related harassment, we might feature your story in a future blog post. Email your situation or legal filing to peter@nwdebtresolution.com or nathen@nwdebtresolution.com.
Are telemarketers bothering you in Washington or Oregon? I handle TCPA lawsuits in Washington State and Oregon and may be able to help.
📞 Call: 206-800-6000 / 971-800-6000
📧 Email: peter@nwdebtresolution.com
Note: The opinions in this blog are mine (Peter Schneider) and do not constitute legal advice. If you're considering suing over illegal robocalls or Do Not Call list violations, contact me for a legal consultation.
Comments