Sage Datko  |  January 12, 2020

Category: Legal News

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Book with TCPA on wood deskAccording to consumer reports, some Florida realtors may be contacting Florida residents without their consent, in an attempt to persuade these consumers to use their services.

Can Florida Realtors Call Do Not Call List?

These companies and individual realtors may be using text messages, phone calls, robocalls, and ringless voicemail to advertise their services to consumers. Many of the consumers claim that they have never done business with the realty companies that contacted them, or have even listed their numbers with do not call lists.

Lawsuits have already been filed against Keller Williams Realty and Barbar Realty due to these allegedly illegal calls and texts.

Many solicitors use calls, texts, and other forms of contact to advertise their businesses. However, these forms of contact may violate the Telephone Consumer Protection Act if consumers have not expressly consented to be contacted.

Additionally, consumers who have registered their phone numbers with the National Do Not Call list and have still been contacted by Florida realtors or other businesses may have a legal claim.

What is the Do Not Call List?

The Do Not Call List is a national list maintained by Federal Trade Commission. Consumers who do not wish to be contacted by solicitors are able to register their number with the list in order to avoid being harassed by robocalls and spam calls.

Registering a number is free, and there is no expiration. Although some spam callers may ignore the Do Not Call List and contact consumers anyway, there may be legal consequences for these violations. In addition to the Do Not Call List, there are also other laws protecting consumers from being harassed by companies using text message, phone call, or voicemail advertising.

The Telephone Consumer Protection Act (TCPA) was passed by the U.S. Congress in 1991 in order to protect consumers from being harassed by telemarketing calls, including robocalls and prerecorded messages.

Under the TCPA, solicitors are prohibited from contacting consumers using an automatic dialing system unless the consumer has given their prior, express consent. Additionally, consumers must be allowed to revoke this consent at any time after they have given it.

The TCPA also requires solicitors to abide by the National Do Not Call list, as well as maintaining company-specific do not call lists. Companies and entities that violate the TCPA may be subject to fines of between $500 and $1,500 for each violation.

Consumers who have been contacted by Florida realtors may be able to file a lawsuit if they do not have a business relationship with the realtor and have not given their consent to be contacted.

Victims of TCPA violations who file lawsuits may be able to collect compensation of between $500 and $1,500 for each violation, in addition to having a court halt the contact by the solicitor. Hiring a qualified attorney to represent you in your case may be the first step towards filing a class action lawsuit regarding TCPA and Do Not Call List violations.

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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One thought on Can Florida Realtors Call Do Not Call List?

  1. Destiny Miles says:

    Received MANY

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