TCPA Question

[timmy6169]

I recently purchased a home and went through a real estate company. The person whom I purchased the home from used a different company. After closing 9 months ago, I received a text today from the sellers real-estate company stating that they were doing research in my area and if I could sell my home, would I. After running a quick Google search, I happened upon the the office of a completely different agent for said company, so not the "market research company" they were claiming to be. Under TCPA - Rules and Regulations Implementing the Telephone Consumer Protection Act , specifically section (F) (5) The term established business relationship for purposes of paragraph (a)(3) of this section on the sending of facsimile advertisements means a prior or existing relationship formed by a voluntary two-way communication between a person or entity and a business or residential subscriber with or without an exchange of consideration, on the basis of an inquiry, application, purchase or transaction by the business or residential subscriber regarding products or services offered by such person or entity, which relationship has not been previously terminated by either party, would me purchasing my home from the seller who used said company constitute a "established business relationship"?

 

[quincy]

... Under TCPA - Rules and Regulations Implementing the Telephone Consumer Protection Act , specifically section (F) (5) The term established business relationship for purposes of paragraph (a)(3) of this section on the sending of facsimile advertisements means a prior or existing relationship formed by a voluntary two-way communication between a person or entity and a business or residential subscriber with or without an exchange of consideration, on the basis of an inquiry, application, purchase or transaction by the business or residential subscriber regarding products or services offered by such person or entity, which relationship has not been previously terminated by either party, would me purchasing my home from the seller who used said company constitute a "established business relationship"?

It doesn't really matter if there is an established business relationship or not under the Telephone Consumer Protection Act. The TCPA now requires all telemarketers get prior consent from consumers.

 

[NIV]

I recently purchased a home and went through a real estate company. The person whom I purchased the home from used a different company. After closing 9 months ago, I received a text today from the sellers real-estate company stating that they were doing research in my area and if I could sell my home, would I. After running a quick Google search, I happened upon the the office of a completely different agent for said company, so not the "market research company" they were claiming to be. Under TCPA - Rules and Regulations Implementing the Telephone Consumer Protection Act , specifically section (F) (5) The term established business relationship for purposes of paragraph (a)(3) of this section on the sending of facsimile advertisements means a prior or existing relationship formed by a voluntary two-way communication between a person or entity and a business or residential subscriber with or without an exchange of consideration, on the basis of an inquiry, application, purchase or transaction by the business or residential subscriber regarding products or services offered by such person or entity, which relationship has not been previously terminated by either party, would me purchasing my home from the seller who used said company constitute a "established business relationship"?

What state are you in?

Did you write your number down and give it to the "real-estate company" that called you?

If so, and if your state is in the 11th circuit, you may have given them prior written consent to contact you. A district court in California has a similar stance.

 

[timmy6169]

I am in Michigan. I was checking through my mortgage papers and did not see anything that showed any type of relationship outside of them being the closing company for the seller. Prior to this I had not reached out to them at all.

 

[timmy6169]

One thing I did see on their site in their privacy policy (Which I had accessed before but did not include any information for them to reach out to me was this:

************ uses the information it collects (whether submitted by you or automatically collected) to respond to your requests, to provide you with information that *********** thinks may be of interest to you, and to operate its business. ************ may also disclose your information to its affiliates, agents, and third-party vendors and service providers working on our behalf. ************* has implemented technical measures to protect against the risks of unauthorized access to, erroneous disclosure of, and unlawful interception of Personally Identifiable Information (PII)

 

[quincy]

One thing I did see on their site in their privacy policy (Which I had accessed before but did not include any information for them to reach out to me was this:

************ uses the information it collects (whether submitted by you or automatically collected) to respond to your requests, to provide you with information that *********** thinks may be of interest to you, and to operate its business. ************ may also disclose your information to its affiliates, agents, and third-party vendors and service providers working on our behalf. ************* has implemented technical measures to protect against the risks of unauthorized access to, erroneous disclosure of, and unlawful interception of Personally Identifiable Information (PII)

What is your concern with this, timmy6169?

Did you want the company that is contacting you to stop contacting you? Are you worried about your personal identifying information being shared with others? Did you want this company held accountable for violating the Telephone Consumer Protection Act?

Here is a link to the Federal Communications Commission with information on telemarketing and robocalls: https://www.fcc.gov/general/telemarketing-and-robocalls