How Did a Florida Realtor Get My Cell Phone Number?

There may be any number of ways a Florida realtor may have obtained your telephone number, some nefarious and others a matter of luck.

Regardless, it is important to know that if they are contacting you without your consent, they are in violation of federal law – and can be held accountable in civil court as well.

How Might a Florida Realtor Get My Number?

Usually, real estate agents looking for marketing leads obtain prospects’ numbers from “For Sale by Owner” listings. Another way is by going through expired listings. Legally, this is fair game. A realtor may call numbers obtained in this manner, subject to certain restrictions. For example, a realtor may contact someone who is selling their own house only if s/he has a client who has expressed interest in the property. The realtor may not attempt to solicit the seller as a client on his or her own behalf. A real estate agent may also contact a former client for no more than 18 months after the date their contract expires.

Any other contact for any reason is a violation of the Telephone Consumers Protection Act of 1991 (TCPA), which can result in hefty fines of up to $40,000.

What Does the TCPA Do?

The TCPA was enacted in order to protect consumers from being deluged with unwanted or unsolicited marketing calls. The law was written and passed at a time when marketing companies were using automatic telephone dialing systems (ATDS) that could auto-generate numbers at random and call hundreds at a time, delivering an automated or prerecorded message.

Since the TCPA was first introduced almost 30 years ago, technology has shifted drastically, and so too has the TCPA been updated to include these new technologies and methods of telemarketing.

Of course, it is important to understand that the TCPA does not actually make it illegal for companies to make use of technology like autodialers, text messages, or voicemail to communicate with customers and other consumers. These are common practices, and under the right set of circumstances, they are also perfectly legal.

Under the TCPA, a company making marketing calls must have written consent from those they are calling. In 2012, the law was amended to stop allowing these companies from using a “prior business relationship” as an excuse to make unsolicited sales calls. The only exception to this law is the one outlined earlier: a Florida realtor may contact a former client for 18 months after the expiration of their contract.

It also bears mentioning that the TCPA also covers faxes, text (SMS) messages, voice mails and emails (email marketers are allowed to send one unsolicited message, but must include an “unsubscribe” link.).

What to do if a Florida Realtor Calls

There are steps you can take to deal with unwanted calls. First of all, be certain your number is registered with the National Do Not Call Registry. Legally, realtors are required to check the numbers they are calling against that list.

If you get an unsolicited call from a realtor with whom you have never had a business relationship or you are not a home owner handling your own sale (or you are, and a realtor attempts to solicit you as a client), your first step is to demand that they not call a second time. If the calls continue, document the incidents and file a formal complaint with the Federal Communications Commission (FCC). You can do this at the FCC website.

The Federal Trade Commission also takes complaints about TCPA violations.

Can I File a TCPA Lawsuit?

The TCPA is only effective if people are aware of their rights and report violations when they occur. A single TCPA violation may result in compensation between $500 and $1,500, per fine, depending on the nature of the violation. If violations go unreported, businesses are emboldened to continue breakung the law.

If you are a Florida resident and have received robocalls, texts, or voicemails from a realtor, but you did not give your prior express consent for these communications, you may be able to file a lawsuit and pursue compensation. An experienced TCPA attorney can help you determine if you have a claim, navigate the complexities of litigation, and maximize your potential compensation.

Remember to keep records of any messages or phone calls that you believe violated the TCPA as evidence in order to help make your lawsuit as effective as possible.

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.