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More Fla. Brokers Face Lawsuits over Telecommunication Law
Calling or texting someone might seem like a minor infraction, but an increasing number of Fla. brokers are facing lawsuits from disgruntled consumers thanks, in part, to certain law firms, including one that considers itself “text message lawyers.” ORLANDO, Fla. – Calling or texting someone might seem like a minor infraction, but an increasing number of Florida brokers are facing lawsuits from disgruntled consumers thanks, in part, to certain law firms, including one that considers itself “text message lawyers.”
The lawsuits allege violations of the Telephone Consumer Protection Act (TCPA). The TCPA extends not only to consumers but to anyone (exemptions list below), including Realtors.
Texts
The TCPA prohibits text messages sent using auto dialers without A) consumer consent and B) the ability to opt out. Telemarketing texts require a signed consent. Non-telemarketing texts, like an appointment reminder, require prior express consent.
Any brokerage that uses texts for contact should have clearly stated consent forms and keep written records as to consent. If a consumer verbally agrees to allow you to send him non-telemarketing texts, for example, follow up with an email to reaffirm that consent.
In addition to consent, consumers must be given a way to revoke their consent by reasonable means. Most ... more

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