How to Report Marketing Calls

In this day and age, most of us are familiar with marketing calls made with autodialers, voicemails, or even text messages; you may even have become resigned to receiving these calls, thinking that there’s nothing you can do to stop them.

But that’s not necessarily true: you may have ways to stop them. Many companies may be making these kinds of calls using methods that violate the law under the Telephone Consumer Protection Act (TCPA).

Florida real estate agents have reportedly been placing illegal marketing calls with Florida consumers without first obtaining the express consent required by law. Some consumers have chosen to fight back, filing class action lawsuits on behalf of themselves and other consumers in their situation.

If you are a Florida resident and have received communication (in the form of a text message, robocall, and/or voicemail) from a realtor without your consent, you may be able to join a class action lawsuit investigation.

What is the Telephone Consumer Protection Act?

The Telephone Consumer Protection Act was initially introduced back in 1991 in an effort to protect consumers against unwanted technological solicitation. As technology has been updated, so has the TCPA—now, text messages, robocalls, and pre-recorded messages are all included in TCPA regulations. It also created authority to set up the National Do Not Call Registry.

When Do Marketing Calls Violate the TCPA?

Of course, it is not necessarily illegal for companies to use autodialers, text messages, or voicemails to communicate with consumers. Indeed, these are common practices, and they can be completely legal if they’re done properly.

However, in order for this kind of marketing call to adhere to TCPA guidelines, the company must first have obtained “prior express written consent” from the consumer before placing automated telemarketing calls placed to their wireless numbers.  If a company has not obtained express written consent for these calls or texts, then they are violating TCPA regulations and may be subject to a substantial penalty.

Telemarketers must also provide an option to opt out of the calls at the beginning of the message.

Can I File a TCPA Lawsuit?

If consumers do not know their rights under the TCPA and do not know that they have the power to report these violations or receive compensation, businesses can often get away with these violations.

If you are a Florida resident and you have been receiving robocalls, text messages, or voicemails from a realtor without first giving your express consent for this communication, a good first step is to contact an attorney about a consultation. An experienced TCPA attorney can help you determine whether or not you have grounds for a claim.

When consumers report TCPA violations, companies can be held accountable for their actions. Moreover, consumers may also receive compensation for these violations. Every single illegal robocall could entitle the called party to an award of $500 in statutory damages, and that amount may be tripled if the violation is determined to be willful.

Keep records of messages or phone calls that you believe violate 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.