The Do Not Call List protects consumers from being harassed by unsolicited phone calls and spam texts. Real estate telemarketing is a notorious culprit of these marketing practices.
Unsolicited spam calls rose by nearly 20% in 2019, with 26 billion of these calls reported worldwide. Consumers who are tired of being harassed by intrusive calls have several options, including registering their number with the Do Not Call List.
What Is the Do Not Call List?
The Do Not Call List is a national list of consumers’ phone numbers who have withdrawn their consent to be contacted by solicitors. According to the Telephone Consumer Protection Act (TCPA), a law that protects consumer privacy, telemarketers and other businesses may only contact consumers who have given their prior express consent. By registering your number with the Do Not Call List, you are essentially withdrawing your consent to be contacted by any entity that does not already have a business relationship with you.
It is easy to sign up for the Do Not Call List online, and registration never expires unless you change your phone number. After you have registered your phone number with the list, companies have one month to comply and cease contacting you.
How is the Do Not Call List Enforced?
The Do Not Call List is enforced by the Federal Trade Commission (FTC) through “aggressive legal action.” According to the FTC’s website, the agency has brought 148 enforcement actions against companies in violation of the TCPA’s Do Not Call regulations. To date, 140 of these actions have been resolved, resulting in $52 million in penalties and $107 million in disgorgements or redress.
For example, in September Globex Telecom agreed to pay $1.9 million to both the FTC and the state of Ohio to resolve claims that it played a role in a credit card interest rate relief scheme. The settlement was particularly noteworthy since it resolved the FTC’s first case against a Voice over Internet Protocol (VoIP) service provider.
Part of this enforcement relies on consumer complaints to the FTC about unsolicited telemarketing calls and other violations. These complaints help the FTC track large-scale telemarketing schemes and take appropriate action against the companies at fault.
According to the FTC’s 2020 fiscal year report, there were more than 3.9 million telemarketing complaints lodged with the agency, a significant decrease from the 5.4 million received in 2019. About 71% percent of the complaints related to robocalls, specifically impostor robocalls. The second most common complaints were about warranty and protection plans, while calls related to debt reduction were the third most common.
How to Check if a Number Is on the Do Not Call List
As of October, Do Not Call List registration reached an all-time high with 241.5 million actively registered phone numbers – an increase of more than 2 million since last year.
If you have registered your number with the Do Not Call List and continue to receive calls, you may want to check that your registration was confirmed. Consumers can verify that their number has been registered with the list by using the registry’s online verification system. The system allows consumers to check the verification of up to three numbers at a time.
If your number is registered with the list and you continue to receive calls, you may have legal options available to you. However, there are some exceptions regarding who is still allowed to contact phone numbers registered with the list.
Are Realtors Allowed to Call Numbers on the Registry?
Exceptions to the Do Not Call List permit non-profit organizations, schools, health departments, and political candidates to contact consumers without their express consent, however, realtors are not included on the list of exceptions. Generally, in order for an unsolicited text or call to be in compliance with the TCPA, the message must be purely informational and not sent in an attempt to solicit business.
What Protections Does TCPA Law Provide?
In addition to protecting people who have registered their numbers with the Do Not Call List, the TCPA also provides other consumer protections. Businessesmay not contact consumers without their prior consent and are also not allowed to use a pre-recorded voice or an autodialer, which sends pre-written or pre-recorded messages to hundreds of consumers at once.
The TCPA also prohibits solicitors from calling before 8 a.m. or after 9 p.m. and requires companies to have a mechanism for consumers to withdraw their consent to be contacted at any time. Businesses that send texts or make phone calls to consumers who have given their consent must include an opt-out option.
How Can You Stop Unsolicited Calls?
Unfortunately, not every company abides by the terms of the TCPA. If you have registered your number with the Do Not Call List and continue to receive unwanted spam texts or calls, you may be able to take further action. One way to prevent these calls may be to activate call blocking software on your phone, or through your cell service provider. Most cell service providers now offer this service to customers, free of charge.
You may also be able to download a free or paid app to detect incoming potential spam calls or texts. These apps work by sending potential spam calls straight to voicemail, by blocking them, or by flagging them as likely spam.
If these methods do not cause the calls to cease, you can report the business to the Federal Communications Commission (FCC), which enforces the TCPA, however, the FCC does not follow up on each individual complaint to ensure compliance. In order to demand that solicitors cease harassing you, you may want to look into your legal options.
If you have been subjected to repeated unsolicited calls or texts from a realtor or another solicitor, you may be eligible to speak with a qualified TCPA attorney about your legal rights. Victims of the TCPA or Do Not Call List violations may be able to recover compensation of between $500 and $1,500 for each call or text.
Do I Qualify to File a Realtor TCPA Lawsuit?
If a real estate company sent you a text message, left you a pre-recorded message, or called your phone and you have never done business with the company or given them the consent to contact you, there may be 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.
I just received an unwanted text soliciting real estate services from a Keller Williams agent. I did send “STOP” to remove me, but I do not know how the realtor got my phone number since I have been on the Do Not Call Registry since 2003.
I keep getting calls to buy my house from unknown company. In they last two weeks they have called me 6 times most of the time it shows as potential spam. When I answer they say they are calling about my house on then give me my address. I have told them that it’s not for sale and ask if how they got my cell number and address. They don’t say told them not to call back. Will yesterday they called twice. One called captured the number. Again asked how they got my address and phone number and not to call again. How do they get info and what can be done to stop them
They get it from MLS which keeps tax records and contact info available to all agents prospecting a neighborhood. I have heard some company heads tell their trainees just to say I am sorry and don’t call them again if they complain. As an agent, I don’t call the DNC list as it is too risky. I mainly stick to mail outs and social media. I myself am on the DNC and yet I get calls from other agents wanting to know if I will sell my house.
I just received an unwanted text soliciting real estate services from a Keller Williams agent. I did send “STOP” to remove me, but I do not know how the realtor got my phone number since I have been on the Do Not Call Registry since 2003.
I keep getting calls to buy my house from unknown company. In they last two weeks they have called me 6 times most of the time it shows as potential spam. When I answer they say they are calling about my house on then give me my address. I have told them that it’s not for sale and ask if how they got my cell number and address. They don’t say told them not to call back. Will yesterday they called twice. One called captured the number. Again asked how they got my address and phone number and not to call again. How do they get info and what can be done to stop them
They get it from MLS which keeps tax records and contact info available to all agents prospecting a neighborhood. I have heard some company heads tell their trainees just to say I am sorry and don’t call them again if they complain. As an agent, I don’t call the DNC list as it is too risky. I mainly stick to mail outs and social media. I myself am on the DNC and yet I get calls from other agents wanting to know if I will sell my house.
Please note: Top Class Actions is not a settlement
administrator or law firm. Top Class Actions is a legal news source
that reports on class action lawsuits, class action settlements,
drug injury lawsuits and product liability lawsuits. Top Class
Actions does not process claims and we cannot advise you on the
status of any class action settlement claim. You must contact the
settlement administrator or your attorney for any updates regarding
your claim status, claim form or questions about when payments are
expected to be mailed out.
3 thoughts onCan Real Estate Agents Call the Do Not Call List?
I just received an unwanted text soliciting real estate services from a Keller Williams agent. I did send “STOP” to remove me, but I do not know how the realtor got my phone number since I have been on the Do Not Call Registry since 2003.
I keep getting calls to buy my house from unknown company. In they last two weeks they have called me 6 times most of the time it shows as potential spam. When I answer they say they are calling about my house on then give me my address. I have told them that it’s not for sale and ask if how they got my cell number and address. They don’t say told them not to call back. Will yesterday they called twice. One called captured the number. Again asked how they got my address and phone number and not to call again. How do they get info and what can be done to stop them
They get it from MLS which keeps tax records and contact info available to all agents prospecting a neighborhood. I have heard some company heads tell their trainees just to say I am sorry and don’t call them again if they complain. As an agent, I don’t call the DNC list as it is too risky. I mainly stick to mail outs and social media. I myself am on the DNC and yet I get calls from other agents wanting to know if I will sell my house.