Florida Realtor Faces Lawsuit over Text Message Advertising

A woman has filed a TCPA lawsuit against a Florida real estate company that allegedly sent illegal text message advertising.

Plaintiff Jennifer Pitts says she received unwanted texts from Tuscawilla Realty real estate company based out of Coral Springs, Fla.

The putative class action lawsuit was filed under the Telephone Consumer Protection Act (TCPA), which protects consumers from unsolicited phone calls, voice mails and text messages from businesses attempting to lure new customers.

Pitts accuses the real estate company of sending thousands of unsolicited text messages to cell phones in the geographical area. The realtor’s purportedly illegal actions caused Pitts and other recipients of the texts to suffer “invasion of privacy, aggravation, annoyance, intrusion on seclusion, trespass, and conversion.”

For commercial marketing purposes, the term conversion refers to the process of converting a consumer who realizes your business exists into a paying customer.

According to the TCPA, businesses must receive express written consent prior to sending text messages that attempt to sell a product or service to the recipient. In Florida, real estate agents and real estate brokers have face class action lawsuits regarding allegations of violating the TCPA.

Invasiveness of Text Message Advertising

According to Mashable, the first cell phone that supported using SMS text messages was created by Nokia in 1993. When texting began, most cell phone carriers charged the phone user per text message sent or received. Most even charged extra for sending or receiving text messages to and from a different carrier. By the year 2000, the average American sent 35 texts per month. Today, according to TextRequest.com, the average American sends nearly 1,000 text messages per month.

It wasn’t until 2007 that Americans texted more than they called others. The explosion of social media helped spur the popularity of short, concise messages to get a point across.

Advertisers from real estate agents to car dealers caught on to the ease and mass marketing potential of SMS text messaging by 2002. Even today, you might attend a concert where an announcement pops up on a big overhead screen encouraging the audience to text a word to a five-digit code for a chance to win a backstage pass or a front-seat experience at the concert. In small print, the user might be consenting to receive future marketing messages from the company behind this enticing offer, but at that moment when the audience member might be able to have the experience of a lifetime, they’re more apt to take the bait and agree.

Text message advertising truly became invasive with the advent of robocalling technology, which allows autodialers to send mass numbers of texts to thousands of cell phone numbers at one time. When these mass texts are sent without any verification as to whether the recipient wishes to receive the messages or not, Florida real estate companies and other businesses trying to capitalize on unsolicited text messages are apt to face class action lawsuits alleging TCPA violations.

According to a decision by the U.S. Court of Appeals for the Ninth Circuit, unwanted telemarketing texts or calls from businesses are “by their nature” an invasion of the recipient’s privacy.

The Text Message Advertising Lawsuit is Jennifer Pitts v. Tuscawilla Realty Inc., Case No. 6:19-cv-02282-GAP-EJK, in the U.S. District Court for the Middle 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.

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