If you run any kind of distributed sales force — independent agents, 1099 reps, franchisees, partners — the eXp Realty saga is the case study you cannot afford to ignore. In early May 2026, the U.S. District Court for the Western District of Washington denied eXp’s motion to stay the certified TCPA class action in Usanovic v. eXp Realty, pushing the case toward trial. This follows a March 2026 class certification covering unsolicited calls placed by eXp agents using Mojo and Vulcan7 dialers from May 2019 through September 2023. The exposure is massive, and the operational lesson is brutal.
The legal posture
eXp tried the usual stall: requesting a stay pending appeal, hoping to extract a more favorable settlement posture before trial. The court refused. That means the case proceeds with a certified class, with eXp facing potential statutory damages of $500 to $1,500 per call across an unquantified but very large class period.
The structural problem for eXp is that the courts have already held — in a prior phase of this litigation — that eXp can be directly liable for calls made by its independent agents. That holding is the part of this case that should be keeping operators of agent-based businesses awake at night. The “they’re independent contractors, not employees” defense did not save eXp. The agency relationship — the brand, the training, the lead provisioning, the platform — was enough to expose the parent.
What this means operationally
If your business model involves any version of “we provide the platform, they make the calls,” you have an eXp problem in latent form. The question isn’t whether your agents are technically independent contractors. The question is whether a court can find enough connective tissue — co-branded training materials, lead lists you provide, a script you wrote, a dialer you pay for — to attribute their TCPA violations to you.
The practical hedges every operator running a distributed sales force should be implementing right now:
Lead provenance auditing. The Usanovic court honed in on the fact that lead vendors testified they did not have consent on the leads they sold to eXp agents. If you provide leads — or facilitate lead purchases — you need vendor reps in writing attesting to consent capture, with the underlying documentation available on demand.
Dialer governance. If your platform integrates with or pays for dialer software your agents use (Mojo, Vulcan7, PhoneBurner, etc.), you may be inheriting a control relationship that supports vicarious liability. At minimum, document that the agents — not you — make the dialing decisions, and require dialer-level compliance training as a condition of access.
Training records. The training you provide to agents about TCPA compliance is now plaintiff-discoverable evidence, in both directions. If your training is thin, that’s a problem. If your training is robust but agents ignored it, that’s actually evidence that supports a “we did our part” defense. Document everything.
The wider implication
Real estate, insurance, financial services, MLM, home services — any industry built on a 1099 sales force and a corporate brand is in the blast radius of the eXp ruling’s logic. The defense playbook of “they’re independent, don’t blame us” is collapsing under courts that are willing to look at the actual operational relationship. If you’re running an agent network and you haven’t stress-tested your structure against a vicarious-liability TCPA theory, that work should start this quarter, not next.
Note the timing of the existing eXp Realty settlement history: a separate $26.9 million settlement is already on the books. The Usanovic case is in addition to that. Operators sometimes mentally categorize TCPA exposure as a one-time settlement event. eXp is the reminder that it can be a recurring, multi-year, multi-case bleed.
One operational hedge worth building into your dialing stack: scrub every outbound list against known TCPA plaintiffs before you launch. TCPALitigatorList.com maintains a continuously updated database of numbers tied to professional plaintiffs and frequent TCPA filers, and a five-minute suppression pass against that file is a lot cheaper than a single class certification fight.
What to do this week
Pull your agent agreements. Specifically check the indemnification language: are your agents indemnifying you for TCPA violations, or are you indemnifying them? If it’s the latter, that’s not just a contractual issue — it’s a signal to plaintiffs’ counsel about who controls the calling behavior. Then audit your lead provisioning: do you provide, recommend, or facilitate access to the leads your agents call? Each of those words carries different exposure. Document accordingly.
Sources
Usanovic v. eXp Realty, 2026 WL 864633 (W.D. Wash. March 30, 2026); stay denial reporting from TCPAWorld (May 1, 2026); National Law Review coverage of direct-liability holding.