How to Stop Calls from Real Estate Agents in Florida

If you’re a Florida resident and need to stop calls from real estate agents, you do have various ways to combat such calls and texts.

The law is on your side if you’re being bombarded by real estate professionals who never received your permission to contact you.

Can a Florida real estate agent call numbers on the National Do Not Call Registry?

According to the Federal Trade Commission, it can take up to 31 days for your phone number to be fully protected on the National Do Not Call Registry. After that, you should not receive solicitations at that number.

The National Association of Realtors says, “Realtors cannot call people who are on the Do-Not-Call Registry to entice them to buy or sell a home or property.”

What about a real estate agent I did business with in the past?

If you did business with a real estate agent and your phone number is on the National Do Not Call Registry, the real estate agent is allowed to contact you for 18 months from the date of your last payment or transaction between the buyer and seller. According to REDX, the real estate agent must receive your written permission in order to contact you to offer services beyond that 18-month time frame.

How does the Telephone Consumer Protection Act help?

The Telephone Consumer Protection Act (TCPA) is a law passed by U.S. Congress to regulate the use of telemarketing efforts through electronic devices. Auto-dialers, pre-recorded calls, unwanted faxes and unsolicited text messages all fall under the Federal Communications Commission’s authority for regulation. Generally, your consent is required before someone can contact you using these automated methods.

The National Do Not Call Registry was set up under the authority of the TCPA.

Why would a real estate agent call me?

According to DNC.com, you may be contacted by a real estate agent if the agent has a client who is interested in a home that you have for sale by owner. The real estate agent can legally contact you, the seller, even if your number is on the National Do Not Call Registry if you are selling property by yourself.

However, the real estate agent can only represent the client’s interest and is not allowed to solicit you for the property listing. If the real estate agent solicits you for the listing when your number is listed on the National Do Not Call Registry and you are selling your property by yourself, the agent could face a fine of up to $40,000.

Have any lawsuits been filed over unsolicited text messages from Florida real estate agents?

Yes. According to TheRealDeal.com, Steven Grossberg filed a lawsuit last spring accusing Coldwell Banker of sending him multiple unsolicited text messages that promoted the company’s listings.

In a similar lawsuit against a Florida real estate company, Christian LaRosa accused Marzucco Real Estate based in Naples of sending him unsolicited text messages that asked for his email address and offered to sell his home in 60 days. According to TheRealDeal.com, this case was confidentially settled in late July.

Last summer, a Florida real estate agent accused another real estate agent of preying upon its own. Plaintiff Alexander de la Cruz said he received spam text messages from La Rosa Realty trying to get him to work for their real estate company. The texts allegedly said de la Cruz could make commissions of 33 percent if he joined La Rosa Realty.

According to the complaint, de la Cruz accused La Rosa Realty of sending him this telemarketing text message through the use of an automated dialing system without receiving his prior written consent.

The lawsuit says, “The systems utilized by the defendant have the capacity to store telephone numbers using a random or sequential generator, and to dial such numbers from a list without human intervention. Upon information and belief, defendant has placed automated and/or prerecorded calls to cellular telephone numbers belonging to thousands of consumers throughout the United States without their prior express consent.”

What if a real estate agent keeps calling or texting me?

If you cannot stop calls from real estate agents, you could take legal action. According to the U.S. Court of Appeals for the Ninth Circuit, unsolicited calls or texts from business people are considered “by their nature” an invasion of privacy and violation of federal law. Florida real estate companies have faced class action lawsuits for sending unsolicited messages to residents who filed suit over violation of their privacy rights.

Companies also could be forced to pay large fines for violating the TCPA.

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.