Ohio consumer protection lawyer reviews TCPA violations and real estate telemarketing class action lawsuits for plaintiffs nationwide
At some point in everyone’s life, they are harassed by telemarketers and pre-recorded calls from a wide variety of businesses. Banks, savings and loans, credit card companies, restaurants and hotels have all been guilty of invading the privacy of homes by violating TCPA (telephone consumer protection act) laws and placing unsolicited phone calls to consumers.
The practice of spam calling and robocalls are almost so common they’ve become a running joke, but it is no laughing matter for companies who end up paying millions of dollars to settle TCPA violation lawsuits filed by consumers who have been called illegally multiple times. Real estate agents have been among the violators, and like everyone else, they must follow fair business practices, and TCPA guidelines, if they want to avoid legal action.
A class action lawsuit in Florida has been filed against a RE/MAX real estate franchise, claiming the company harassed consumers with unsolicited marketing, violating the Telephone Consumer Protection Act. The TCPA is aimed at protecting consumer privacy, and the courts have taken such cases very seriously in recent years. TCPA litigation has forced the hand of telemarketers and settlements have discouraged the practice of spam calling.
This is only weeks after a North Carolina man filed a lawsuit against Keller Williams Realty for similar TCPA violations. The plaintiffs says unsolicited text messages were sent from Presidential Real Estate Group Inc., disturbing them, and likely many other consumers.
This sparked a nationwide class of people who have received unsolicited text messages in the last four years advertising RE/MAX Presidential’s real estate services. The lawsuit filed alleges RE/MAX Presidential willfully and knowingly violated TCPA laws and each class member may be entitled to $1,500 in statutory damages for each singular violation.
Real Estate Telemarketing & Realtor Robocalls
Recent real estate telemarketing lawsuits have brought to light the alleged use of auto-dialer technology in the real estate industry. Telemarketing services like Landvoice and RedX may be calling consumers who have not ask to be called.
When real estate agents subscribe to these phone services, consumers may be hit with multiple calls from real estate agents, thus leading to TCPA violations and lawsuits.
Plaintiffs are encouraged to save screen shots of unsolicited text messages sent to their phone after May 29, 2019. Some may be sent with real estate agents’ names and phone numbers. The RE/MAX messages have included messages like “Save Save Save Now” and “Is your home still for sale?”
TCPA Violation Lawsuits
Placing prerecorded and autodialed calls to phone numbers on the National Do Not Call registry is a violation of the Telephone Consumer Protection Act (TCPA). Consumers may get called dozens of times each week, and could be entitled to large settlements. Each TCPA violation can be worth from $500 to $1,500 for each call, text or voice message.
Plaintiffs targeting real estate telemarketing promotion plans say the companies were aware of the violation and continued to act anyway as part of their overall marketing plan. One lawsuit alleges the real estate robocalls comprise a large part of their marketing plan even as it violates consumer protection laws.
Other TCPA violation lawsuits and real estate telemarketing cases have been filed against Coldwell Banker Real Estate and Century 21 Real Estate. The TCPA laws are designed to protect consumers from harassing telemarketing, which include prerecorded calls and the use of an artificial voice.
Consumers are encouraged to register their cell phone and land lines in both their home and business, and place the numbers on a Do Not Call list. Consumers who have been harassed by robocalls and telemarketing spam calls may have a viable claim, and should call an attorney to review the case.
If you have received unsolicited and irritating real estate telemarketing calls and have questions about the legal options available, contact The Lyon Firm at (800) 513-2403. You will speak directly with Mr. Lyon, and he will help you answer critical questions regarding TCPA lawsuits and robocall settlements.