Unwanted robocalls from a real estate broker when you are trying to buy or sell a house can add to an already stressful situation. Learn how to stop real estate spam textsand robocalls and take legal action if necessary.
What Is a Real Estate Broker?
Most consumers know that real estate agents are in the business of helping people buy and sell homes, but these agents can have different designations depending on the amount of experience or training they have.
Real estate brokers, according to Rocket Mortgage, are real estate agents who, after working several years, have completed additional training and a licensing test. Real estate brokers can hire other real estate agents or work independently. Real estate agents must work under a broker when they start. According to Rocket Mortgage, the work, training, and licensing test requirements differ between states.
Is a Real Estate Call a Robocall?
Real estate brokers may be in charge of a number of real estate agents. To drum up business, they or their agents may turn to a prerecorded real estate call that they send to consumers, but if the real estate broker does not obtain the consent of the individuals being contacted, the robocall may violate the federal Telephone Consumer Protection Act or TCPA.
What is the Telephone Consumer Protection Act?
The TCPA was enacted in 1991. It was passed by Congress in response to consumer complaints about the overwhelming number of telemarketing calls. The law has since been updated to include provisions for spam text messages.
Are Brokers Committing TCPA Violations?
Under the TCPA, anyone using a telephone number to send a marketing message must first obtain the consent of the consumer who is receiving the call. Brokers who fail to obtain this consent may be violating the TCPA.
In addition, the TCPA prohibits the use of prerecorded messages and automatic dialing systems, which most would consider a “robocall.” A real estate broker using call scripts to contact numerous consumers by phone may be using a prerecorded message.
An automatic telephone dialing system refers to software or other technology that allows a telemarketer to dial a series of numbers at the touch of a button.
“While robocalls remain legal in limited circumstances, the penalties have now gotten so high that Realtors, in general, are advised not to make any robocalls at all – or hire any private company offering to make robocalls on their behalf,” an expert warned on FloridaRealtors.org
In addition, the TCPA created the National Do Not Call Registry in 2003. The Federal Trade Commission (FTC) is responsible for overseeing the TCPA, and consumers can submit their phone numbers to the registry if they do not wish to be contacted by telemarketers. Under the TCPA, telemarketers who contact a consumer whose number is on the Do Not Call Registry, along with violating any other of the law’s restrictions, can be subject to steep fines.
Indeed, the fines for TCPA violations can range from $500 to $1,500 per call or message, according to Experian.
Notably, adding your phone number to the National Do Not Call list will not immediately stop these kinds of calls. It can take up to 31 days for registration on this list to take effect. Unfortunately, even the Do Not Call Registry cannot stop all unwanted solicitation. First, there are exceptions to the TCPA. For instance, non-profit charities can call seeking donations, and political organizations can call to promote a candidate, ballot measure, or other issue. In case of emergencies, school districts and emergency service agencies can make robocalls to advise people about important information like weather conditions, closures, road hazards, etc. Medical practices can call to remind patients about upcoming appointments, and debt collection agencies can make calls (with certain restrictions).
On top of these exceptions, the TCPA cannot prevent companies that are willing to break the law from calling. In these situations, consumers may need to resort to other measures.
How to Stop Unwanted Robocalls
Unwanted robocalls are a plague on the current consumer. From real estate spam texts to real estate telemarketing, consumers have been bombarded by an ever-increasing number of these calls.
According to CNET, both wireless carriers and the government are taking measures to stop robocalls, but there are also actions individuals can take.
First, CNET notes that wireless companies have started offering robocall blocking services. Some of these services are accessible via the app store. In addition, some phone makers have made it easier for consumers to identify spam callers and simply not answer.
The Federal Communications Commission (FCC) says that consumers who want to take action to stop robocalls can do the following:
Place their number on the Do Not Call Registry
Use stop robocall technology offered by their wireless carrier or phone manufacturer
Don’t answer or hang up on calls from unknown numbers
Be aware that robocall technology allows marketers to “spoof” a local number
Do not answer questions from a robocall or potential spammer
Never give out personal information to an unknown or unexpected caller
Real Estate Call Lawsuits
Another thing consumers can do to stop robocalls is consider a real estate robocall lawsuit.
Real estate brokers and agencies have been held accountable for real estate telemarketing violations. In 2019, a TCPA real estate telemarketing lawsuit was lodged against Rochelle Property Solutions alleging that an agent at the company made advertising robocalls to a consumer without obtaining her consent.
If you have received real estate robocalls, you may be able to file a TCPA lawsuit and pursue compensation. Filing a lawsuit not only provides compensation, but also helps enforce the TCPA’s rules and holds companies responsible for their robocall practices.
Filing a lawsuit can be a daunting prospect, so Top Class Actions has laid the groundwork by connecting you with an experienced attorney. Consulting an attorney can help you determine if you have a claim, navigate the complexities of litigation, and maximize your potential compensation.
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.
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