GO HIGH LEVEL?: Las Vegas Realtor Britney Gaitan Facing Massive Exposure in Robocall TCPA Class Action After Using GoHighLevel to Send Ringless Voicemails to Expired Listings

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For years I have been telling agents– don’t use ringless voicemails to contact expired listing.

More broadly, I have been reporting for years on the dangers of the TCPA to individual real estate agents brokers, and broker teams.

Many have listened. Many have not. And now one prominent Las Vegas, NV based realtor is facing massive potential penalties in a certified TCPA class action.

In Garvey v. Brittney Gaitan, 2026 WL 734605 (D. Nv. March 13, 2026) the court certified a TCPA class action arising out of calls by Gaitan’s employees to expired listings using ringless voicemails:

Gaitan apparently “used an online third-party service to accumulate homeowner contact information from withdrawn or expired online listings, including from the MLS, into a single dataset.”

She then exported the list into popular sales platform Go HighLevel. She then apparently used Go HighLevel to send prerecorded messages as a ringless voicemail drop to the phone numbers in the dataset.

Per the ruling “Gaitan has no documentation that she received Garvey’s or any of the putative class members’ consent to contact them with a
prerecorded message.”

In view of these facts the court certified a class of:

All persons throughout the United States or its territories (1) to whom Defendant placed, or caused to
be placed, a call, (2) directed to a number assigned to a cellular telephone service when the number was
called and was not ported, or if ported, had not been ported within fifteen (15) days of the call, 1 (3)
in connection with which Defendant used an artificial or prerecorded voice, (4) on May 3, 2023 and/
or May 16, 2023

Good lord. This is a nightmare scenario for Gaitan.

Mercifully for Gaitan, the class is relatively small– just 1,983 calls at issue– which means Gaitan’s exposure is just under $3MM.

The plaintiff’s lawyers here include The Weitz Firm, LLC, The Law Office of Chris R. Miltenberger, PLLC, and Craig K. Perry & Associates who were all appointed as class counsel.

Any real estate agents out there reading this DO NOT SHOOT YOURSELF IN THE FOOT– this was an easy result to avoid, and now Gaitan may be out about $3MM. Be smart out there!

Attending a conference like Law Conference of Champions– where we will break down TCPA, data privacy and AI regulations over a full two days of sessions–may be the difference between crushing the market and getting destroyed by TCPA litigation! Be there May 4-6, 2026!

Chat soon.

 

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Published by Eric "Czar" Troutman

The Czar of TCPAWorld Eric Troutman is one of the country’s prominent class action defense lawyers and is nationally recognized in Telephone Consumer Protection Act (TCPA) litigation and compliance. He has served as lead defense counsel in more than 70 national TCPA class actions and has litigated nearly a thousand individual TCPA cases in his role as national strategic litigation counsel for major banks and finance companies. He also helps industry participants build TCPA-compliant processes, policies, and systems. Eric has built a national litigation practice based upon deep experience, rigorous analysis and extraordinary responsiveness. Eric and his team feel equally at home litigating multibillion dollar telecommunications class actions in federal court as they do developing and executing national litigation strategies for institutions facing an onslaught of individual TCPA matters. They thrive in each of these roles – delivering consistently excellent results – while never losing sight of the client experience. While many firms now tout TCPA expertise, Eric has been there from the beginning. He built one of the country’s first TCPA-only defense teams and began serving as national TCPA counsel for his clients nearly a decade ago. This perspective allows him to swiftly develop the right litigation strategies for dealing with recurring problems, without wasting time on tactics that are bound to fail. Eric’s rich historical perspective and encyclopedic knowledge of the TCPA landscape also make him an invaluable resource to institutional compliance teams struggling to comply with the shifting regulatory landscape. No task is too small – or too big. Indeed, Eric and his team have helped build TCPA-compliant systems and processes for some of the largest and most complex corporate entities in the country. He commonly works with in-house compliance counsel to build and implement enterprise and business-line specific TCPA solutions, performs TCPA audits and drafts and reviews proposed TCPA policies and procedures. He and his team also have the technical expertise necessary to assist call centers seeking to develop TCPA-resistant call path architecture or to modify existing telephony and software integration to better insulate from potential TCPA exposure. Eric has built a reputation for thought leadership. An avid blogger and speaker, he has been at the forefront of the industry’s effort to push for clarity and a return to sanity for the TCPA for years. He was selected to advocate for the financial services industry on important TCPA issues before the Federal Communications Commission and co-authored the nation’s only comprehensive practice guide on TCPA defense. In his spare time, Eric leads defense teams representing banks and other financial services companies in consumer finance litigation matters. He has experience representing clients in UCC, TILA, RESPA FCRA, CCRA, CLRA, FDCPA, RFDCPA and FCCPA claims, as well as in fraud and bank operations issues.

1 Comment

  1. I still don’t get how anyone ever thought that ringless VM was a good idea. There are three legal use cases for it, and it doesn’t make sense for any of them:

    1) Land lines. Nope, the technology is designed for calling wireless phones.

    2) Emergency purposes. No, of course not. If it’s an emergency, you want the phone to ring!

    3) Prior express consent. No one is going to consent to be contacted in such an inconvenient manner that requires them to dial their VM, enter their passcode, and listen to all the menu b.s. before they have any idea whose call they missed. Plus VM doesn’t always work correctly when traveling, and a lot of people simply never bother to check it or set it up. It’s unreliable.

    So that leaves the illegal scenarios. The caller is leaving recorded evidence of a TCPA infraction, along with their contact info, in the recipient’s mailbox. They’ve just made a plaintiff’s job very easy. And after the recipient has wasted 2 or 3 minutes retrieving the VM only to discover that it’s yet another lowball offer on their house that isn’t even for sale, or some other such garbage, the odds of wanting to sue are pretty high. The spammer is better off using a conventional robocall.

    This case concerns calls from 2023. Is anyone at all still using ringless VM today?

    Reply

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