Ignacio J. Hiraldo
Licensed in Florida
Did you receive a robocall, text message or voicemail from a Florida realtor without your consent?
Florida real estate agents and brokers may be using robocalls, texts, and voicemails to market their services.
However, if they did not receive permission to contact the consumers, they may be breaking the law.
Florida real estate agents and brokers have been hit with class action lawsuits for allegedly violating federal law by sending text messages and robocalls to cellphones without express consent.
If you live in Florida and you received a text mesaage, robocall, and/or voicemail from a realtor or broker without your consent, legal help is available.
See if you qualify to join this realtor telemarketing class action lawsuit investigation by filling out the short form on this page.
Is it Legal for Realtors or Brokers to Send Text Messages?
Sending text messages to promote a business such as a real estate agency is a popular form of marketing. It is legal to use as long as realtors obtain the consent of their customers before sending the text messages.
However, sending unsolicited text messages to customers without their consent is a violation of federal law.
The U.S. Court of Appeals for the Ninth Circuit has determined that telemarketing phone calls or text messages from businesses that are unsolicited are “by their nature” an invasion of privacy, a disturbance to recipients, and a violation of federal law.
A couple of real estate companies have faced class action lawsuits in a Florida federal court for sending unsolicited text messages to consumers in violation of their privacy rights.
Are Realtors allowed to use robocalls?
Automated and pre-recorded calls made to cellphones by businesses are prohibited by federal law unless consent has been given by the consumer. Consumers may also revoke permission previously given to a company.
It is illegal for businesses to call residential phone lines with pre-recorded messages under federal law if the company has no previous relationship with the person they are calling. A relationship is established if the person has done business with the company in the previous 18 months or made an inquiry in the previous 3 months.
If companies fail to abide by the rules laid out in the Telephone Consumer Protection Act (TCPA), they may face hefty fines or robocall lawsuits.
What is Spam Voicemail?
Spam voicemail messages are another form of telemarketing in which companies leave voicemail messages on the cellphones of consumers to market a product or service.
More and more companies are turning to “ringless voicemail” technology to try to reach potential customers believing that it is legal under the Telephone Consumer Protection Act (TCPA).
If these calls are made using automated machines or robocalls to call someone on their cellphone without prior consent, these voicemails are illegal under federal law.
What is the Telephone Consumer Protection Act?
The Telephone Consumer Protection Act (TCPA) was first passed by Congress in 1991 in an attempt to address the increasing numbers of telemarketing calls and faxes that Americans were receiving.
It specifically prohibits companies from using automated phone equipment to place calls to customers. It also places limits on the use of pre-recorded messages, text messages, voicemails, and fax machines.
What Florida Realtor TCPA Lawsuits Have Been Filed?
A number of lawsuits have been filed against Florida realtors and real estate companies for allegedly violating the TCPA.
One realtor TCPA lawsuit was filed in April 2019 by a woman who says she received a number of unsolicited, pre-recorded phone calls from a realtor who worked for Rochelle Property Solutions, who was marketing his services.
Barbar Realty Partners was hit with a TCPA lawsuit in August 2019 alleging that he received a number of spam text messages without giving his consent to the real estate company tot send the text messages.
A Keller Williams Realty franchise was also hit with a text message realtor lawsuit in Florida in April 2019 also alleging that the real estate company sent unsolicited text messages without first obtaining permission from the consumer. The plaintiff who filed the Keller Williams TCPA lawsuit said that he had never even done business with the franchise who sent him messages.
Do I qualify to file a realtor text spam or robocall lawsuit?
If a real estate company in Florida sent you a text message or called your cellphone and you have never done business with the company or given them the consent to contact you, there is legal recourse.
It is important that you DO NOT delete any text messages, voicemail or any records you have showing that the real estate company called you.
Get help from a text spam lawyer by filling out the short form on this page.
Get Help – It’s Free
Join a Free Florida Real Estate TCPA Class Action Lawsuit Investigation
If you qualify, an attorney will contact you to discuss the details of your potential case at no charge to you.
PLEASE NOTE: If you want to participate in this investigation, it is imperative that you reply to the law firm if they call or email you. Failing to do so may result in you not getting signed up as a client or getting you dropped as a client.
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After you fill out the form, the attorneys who work with Top Class Actions will contact you if you qualify to let you know if an individual lawsuit or class action lawsuit is best for you.
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