About Those Annoying "I Want to Buy Your Home" Messages
Cash Buyers for Houses
If you own a home, chances are you know what I’m talking about. A voicemail pops up in your inbox from a number you do not recognize. Or maybe it’s a text. Here’s one I pulled from my voicemail recently:
Hey, we’re interested in buying your property as-is. If you’re open to an offer, please let us know as soon as possible. Thank you.
In writing this article, I found four copies of this identical voicemail from four different numbers and four different Arizona area codes, all left in a span of three days. Sometimes the messages take on a far more personal tone:
Hey, this is Carla. I’m calling you to see if you’re interested in selling your property. I’m looking to make a fair cash offer. I will buy your house in as-is condition. If you’d like an all-cash offer…
I found two different identical messages from “Carla.” Identical. No, I don’t think her name is Carla and I’m not looking to sell my home. But I receive a lot of these messages.
Sometimes, I receive one a day. Some weeks are lighter but others are heavier. I once called one of these numbers, out of curiosity or boredom, only to confirm my suspicion that a “fair offer” meant “lowball offer.” But I did get to listen to ten minutes of why I should accept such a lowball offer for my house. “Because when we sign this contract, we’re partners. And you’d want to be fair to your partner, right?”
Very rarely do these calls identify the address they’re interested in purchasing. The is because “Carla” is often a prerecorded message left on your voicemail in violation of federal law.
Telephone Consumer Protection Act
The federal Telephone Consumer Protection Act prohibits telemarketers from using an automated dialing system or an artificial or prerecorded voice without your prior express consent. This means that, unless you’ve expressly consented in advance, each time that someone leaves a message for you, they are violating the law. Proving these cases, however, is not easy. You generally need proof of multiple calls with an identical message (to prove the prerecorded voice).
A consumer who receives these calls may be entitled to statutory damages of at least $500 per violation. A court may, in its discretion, increase the amount of the award to an amount “equal to not more than 3 times the amount available” where the violation was committed “willfully” or “knowingly.”
This means that you may be eligible for $1,500 per violation. The cases are often conducive to class action treatment given the common scheme that is employed. You do not need to have your number listed on the National Do Not Call Registry in order to have a claim, but it helps prove a willful or knowing violation if it is.
If you are tired of receiving these calls and want to do something about it, give us a call today to schedule a consultation.