Robocall Class Action Lawsuit Claims Florida Realtors Violate TCPA

A recent robocall class action lawsuit accuses a Florida realtor of violating TCPA with unsolicited, pre-recorded phone calls.

Plaintiff Galina Beaudet claims that she received unsolicited, pre-recorded phone calls from Rochelle Property Solutions, a Florida-based realtor, in April 2019. On Apr. 19, Beaudet allegedly received a pre-recorded message from “Matt”, a realtor with Rochelle Property Solutions.

The realtor reportedly called Beaudet because he was “looking to buy a house here in the neighborhood” and wanted to see if she had “any interest in selling.” The realtor allegedly offered cash for the purchase of Beaudet’s home.

These robocalls allegedly caused Beaudet harm in the form of invasion of privacy, aggravation, annoyance, intrusion on seclusion, trespass, conversion, inconvenience, and disruption.

The robocall class action claims that Beaudet and other consumers never gave their consent for Rochelle Property Solutions to send them pre-recorded calls. Beaudet also argues that these calls were sent to numerous individuals in the same area as her.

“Defendant caused similar calls to be sent to individuals residing within this judicial district. Indeed, other recipients of Defendant’s pre-recorded calls have publicly complained of the same prerecorded message received by Plaintiff,” the robocall class action argues.

What Is the TCPA?

Beaudet argues that these robocalls violate the Telephone Consumer Protection Act (TCPA). TPA was established by Congress in 1991 in an attempt to protect consumers from harassing telemarketing actions. Since then, the Federal Communications Commission has revised its interpretation of the act several times to expand and update protections.

In 2003, the FCC revised its rules to create a national Do Not Call registry in partnership with the Federal Trade Commission (FTC). The national Do Not Call Registry is a database with which consumers can register their phone numbers if they do not want to receive any telemarketing communications. All telemarketers, except for some non-profits, are required to respect a consumer’s requests to not receive communications if they have registered with the Do Not Call registry.

In 2012, the FCC made additional revisions to TCPA which strengthened consumer protections. The new regulations mean that telemarketers are required to obtain express prior written consent from consumers before contacting them with telemarketing communications. Even if businesses have an established businesses relationship, they cannot contact consumers without consent. The changes also implemented new requirements for telemarketers, forcing them to include an opt out option with all of their telemarketing communications.

How May the Defendant Have Violated TCPA?

Beaudet claims that Rochelle Property Solutions violated TCPA regulations by calling her and other consumers with pre-recorded messages without their consent. In her robocall class action lawsuit, Beaudet seeks to represent a Class of consumers who were sent a pre-recorded call from Rochelle Property Solutions within the past four years.

Beaudet and the proposed Class are represented by Manuel S. Hiraldo of Hiraldo PA. Hiraldo is an experienced attorney who may be able to help you with your TCPA claims against other Florida realtors.

The Robocall Class Action Lawsuit is Beaudet v. Rochelle Property Solutions LLC, Case No. 8:19-cv-02054-CEH-AEP, in the U.S. District Court for the Middle District of Florida.

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