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Gaitan apparently “used an online third-party service to accumulate homeowner contact information from withdrawn or expired online listings, including from the MLS, into a single dataset.”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