Why are Florida Real Estate Agents Calling Me?

Whether or not you have done business with them in the past, Florida real estate agents are prohibited from contacting you without your express consent. If they are contacting you, it is likely that you find yourself wondering why they are calling or sending text messages. The simple answer, of course, is that they are trying to get your business.

Like any entrepreneur or small business person, realtors are certainly entitled to solicit clients. However, under the Telephone Consumers Protection Act (TCPA), they are legally required to abide by certain regulations and can be held liable in a court of law if they do not.

How Did a Florida Real Estate Agent Get My Contact Information?

While it is possible that you may have looked into purchasing property in Florida at some point, the most common method realtors use to obtain contact info is by browsing “For Sale by Owner” listings or listings that have expired. These real estate agents are legally permitted to solicit clients through these methods only if:

• an existing client has expressed interest in the property (realtors are not allowed to solicit sellers on their own behalf)
• no more than 18 months have passed since the listing expired

In some cases, a real estate agent may get your number by using what is known as an automatic telephone dialing system (ATDS). This equipment is able to generate thousands of telephone numbers sequentially and, in a fair number of cases, they get lucky.

What if I Am a Former Client?

If you were a client of a Florida real estate agent, you may be contacted, subject to the same 18-month limitation noted above. However, under a 2012 amendment to the TCPA, companies (including sole proprietorships) may not make unsolicited calls based on a “prior business relationship.”

How Can I Get Florida Real Estate Agents to Stop Calling Me?

If you are getting unwelcome sales calls from realtors or any other telemarketer, there is one thing you can do right away – which is to get your number(s) on the federal Do Not Call Registry. This was created by the Federal Trade Commission (FTC) in 2002; originally the purpose was to stop telemarketing calls across state lines, but after the rule went into effect the following year, an amendment was added in order to prevent businesses from calling anyone who was registered, even if they resided in the same state.

You can register your number online by visiting the FTC website. Keep in mind however that it takes 31 days before telemarketers are legally barred from contacting you.

What if They Won’t Stop?

The TCPA specifies serious penalties for violators. It also allows consumers to pursue civil action. A Florida real estate agent who contacts you without permission can be fined as much as $11,000 as well as having to pay up to $1500 per violation. A lawyer with experience and knowledge of the TCPA can advise you in this matter.

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.