FCC Targets Real Estate Agents For Violations Of The TCPA
The FCC is ramping up enforcement of the TCPA (Telephone Consumer Protection Act) and the Do Not Call Registry. The TCPA protects consumers from unsolicited phone calls made by businesses for the purposes of recruiting customers. Some real estate professionals are being accused of unlawfully violating provisions of the TCPA by making phone calls and sending texts for promotional purposes.
Real estate agents often use cold calling as a way of striking up a conversation with new prospects they have yet to meet. However, those accused of breaking telemarketing laws can find themselves in legal trouble after violating provisions of the TCPA. In a recent case, a real company was named in a class-action lawsuit that accused one of the company’s agents of making unwanted telemarketing phone calls and sending text messages in violation of federal law. The company has denied any wrongdoing.
However, the case serves as a prime example of what can happen if a real estate company and its agents don’t abide by the rules. Several real estate companies have come under scrutiny lately over TCPA violations. Not only has the FCC been filing more actions against brokerages that violate the TCPA, but there have been more lawsuits filed by consumers using private counsel. Not only do brokerages have to conform to federal law under the TCPA, but there are also state laws that impact businesses and their efforts to reach consumers by cold calling.
Recently, the FCC has issued several new guidelines for businesses that use telemarketing to reach out to customers. For example, the FCC clarified that the Do Not Call Registry not only applies to phone calls but text messages as well. The new rules also restrict companies from using AI-generated voices to make phone calls. In addition, the FCC says that the seller of a product or service must obtain the consent of the consumer directly prior to using an automated telephone dialing system.
What is the TCPA?
The TCPA is a piece of federal legislation that protects consumers from unwanted and harassing phone calls made by creditors, businesses, and affiliated parties.
Violations under the TCPA include:
- Using automatic dialers
- Sending text messages without consent
- Sending fax messages
- Using pre recorded calls to solicit
Any company or individual who violates your rights under the TCPA is in violation of federal regulations. As a consumer who has received unwanted calls, you are entitled to obtain compensation between $500 and $1,500 per phone call.
If you have received unwanted phone calls from a business that is attempting to recruit you as a customer, and you want those calls to stop, Kohl & Cook can help you file suit and recover money damages from the business that is making the unwanted calls.
Talk to a Columbus, OH TCPA Violations Attorney Today
Kohl & Cook Law Firm, LLC represents the interests of consumers who have received unwanted phone calls from businesses in violation of federal law. Call our Columbus TCPA claims attorneys today to schedule a free consultation, and we can begin discussing the next steps in suing the company right away.
Source:
nar.realtor/magazine/real-estate-news/law-and-ethics/more-telemarketing-lawsuits-ensnare-agents-brokerages
