Ninth Circuit: Calls and texts offering to buy homes may be 'telephone solicitations' under TCPA

On June 4, 2026, the United States Court of Appeals for the Ninth Circuit, in *Coffey v. Fast Easy Offer, LLC*, reversed the district court's dismissal of a putative class action lawsuit. Vicki Coffey, on behalf of herself and others, alleged that Fast Easy Offer, LLC, GFSG, LLC, and Keller Williams Realty, Inc. (Defendants) violated the Telephone Consumer Protection Act (TCPA) by contacting her through various phone calls and text messages. Coffey claimed to have received at least six calls and two text messages in the fall of 2024 from an FEO employee, despite her number being on the do-not-call registry since 2004. The district court had dismissed the complaint, ruling that the communications were not 'telephone solicitations' because they did not expressly encourage the purchase of services. The Ninth Circuit panel, consistent with its prior ruling in *Chesbro v. Best Buy Stores, L.P.*, held that the 'purpose' of the message's 'initiation' is key to determining if it is a solicitation. The court found that Coffey adequately pleaded that one purpose of the messages was to solicit the purchase of real estate brokerage services, thus meeting the TCPA's definition of telephone solicitation. The case was remanded for further proceedings.

This development from the Ninth Circuit expands the interpretation of 'telephone solicitation' under the TCPA. The court clarified that the explicit mention of a good, product, or service is not always necessary for a communication to be considered a solicitation. Businesses engaged in outreach that initiates contact with consumers, even if initially framed as an offer to buy from the consumer, should assess whether an underlying purpose of that contact is to encourage the consumer's purchase of services or products.

• Consider reviewing current telemarketing and text messaging scripts and campaigns, particularly those involving initial offers to consumers, to determine if an underlying purpose could be construed as encouraging the consumer to purchase services.

• Consider training staff on the Ninth Circuit's interpretation of 'telephone solicitation,' emphasizing that communications do not need to explicitly mention a product or service to be considered solicitations.

• Consider evaluating lead generation and follow-up processes where initial contact may involve purchasing from consumers but could ultimately lead to offering services to those consumers.

• Consider assessing the risk profile of communications that, while not directly soliciting a purchase, aim to establish a relationship that could eventually result in the consumer purchasing goods or services.

The source document does not state a compliance or effective date for this action.

• CourtListener / Free Law Project· Primary source· June 4, 2026
  Coffey v. Fast Easy Offer, LLC

  https://www.courtlistener.com/opinion/10870123/coffey-v-fast-easy-offer-llc/

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