Real estate agents, have you heard about the recent complaint filed against Keller Williams (KW) and agent Britney Gaitan for violating the Telephone Consumer Protection Act (TCPA)? On June 19, 2023 a class-action lawsuit was filed in the U.S. District Court of Nevada seeking damages from KW and Gaitan for allegedly violating the TCPA. This comes on the heels of KW’s recent settlement of $40 million dollars to settle a similar lawsuit.
The TCPA is a federal law that was passed in 1991 to protect consumers from unwanted telemarketing calls, text messages, and faxes. It also requires companies to obtain prior written consent before making such calls or sending messages or faxes to consumers.
As real estate agents, it is important to be aware of this law and take steps to ensure your business practices are compliant with it. If you are using automated dialers or prerecorded messages when contacting clients or potential leads, you must obtain their written consent first. Additionally, if you are sending text messages or faxes as part of your marketing efforts, make sure you have obtained prior written consent from those individuals as well.
It is also important to remember that even if someone has given you permission to contact them via phone call or text message in the past, they can revoke that permission at any time by asking not to be contacted again. Therefore it is essential that all real estate agents stay up-to-date with TCPA regulations and remain vigilant about obtaining proper consent before initiating any contact with potential leads or clients.
Keller Williams’ recent settlement serves as an important reminder for all real estate agents that compliance with TCPA regulations is critical for avoiding costly legal issues down the road. Make sure your business practices are compliant with these regulations so you can avoid facing similar consequences!
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