Sage Datko  |  April 4, 2019

Category: Legal News

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Florida residents who have received unwanted or spam texts, robocalls, or voicemails from a real estate agent may be eligible to pursue compensation. Under the Telephone Consumer Protection Act, consumers have many protections when it comes to text and call based solicitation.

Florida Realtor Spam Calls Lawsuit

According to a recent class action lawsuit filed by Steven Grossberg of Florida, Coldwell Banker real estate agents may be violating federal phone and text solicitation laws. According to the lawsuit, Grossberg received an automated text message on Feb. 15, 2019, urging him to attend an open house. This automated text qualifies as a type of advertising message because the real estate agent responsible for selling a home earns a commission based on the sale.

Grossberg’s proposed Class would cover anyone in the United States who has received an automatic text message from a Coldwell Banker real estate agent in the last four years.

What is the TCPA?

The Telephone Consumer Protection Act (TCPA) was passed into law by Congress in 1991. The purpose of the TCPA is to protect consumers from harassing calls, spam texts, junk faxes, and solicitation voicemails. Under the TCPA, companies, and solicitors are subject to a variety of rules and regulations regarding how they may contact consumers, including:

  • Solicitors may not call consumers before 8 a.m. or after 9 p.m. local time
  • Solicitors may not call consumers on the National Do Not Call Registry
  • Solicitors may not use autodialers or prerecorded messages to contact consumers who have not explicitly consented to be contacted
  • Companies must maintain company-specific do not call lists and abide by them
  • Solicitors must provide their name, the name of their company, and their company’s telephone number to the consumer they are calling
  • Companies must provide consumers the option of opting out from receiving messages or calls

Companies who use autodialers to send unsolicited spam texts, phone calls, or voicemails to consumers without their explicit consent is a violation of federal law. Consumers who have been harassed by these messages may be able to pursue statutory damages of $500 to $1,500 for each violation.

What is Covered by the TCPA?

The TCPA covers text messages, phone calls, junk faxes, and voicemails. It is not entirely certain whether the TCPA applies to ringless voicemail, a relatively new and annoying way that some solicitors are contacting consumers. Ringless voicemail is done by dropping a voicemail into a consumer’s voicemail box without calling the phone number. Although ringless voicemail does not technically involve a phone call, many consumer advocates believe that it is just as harassing as automated calls or texts, and should still be covered by TCPA rules.

Compensation for TCPA Violations

If you have received spam texts, calls, or voicemails from a real estate agent or another retailer with whom you have no business relationship, you may be eligible to pursue compensation. Consumers who have received these messages without giving express consent may be able to sue the offending retailer or company for between $500 and $1,500 per violation.

Steven’s Real Estate Agent Spam Texts Lawsuit is Case 1:19-cv-21064-XXXX in the United States District Court for the Southern District of Florida.

Join a Free Florida Real Estate Text Spam Class Action Lawsuit Investigation

If you live in Florida and you received a text mesaage, robocall, and/or voicemail from a realtor without your consent, legal help is available.

Learn More

This article is not legal advice. It is presented 
for informational purposes only.

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