Cold calling real estate agents - is there a law against it?
Cold calling real estate agents - is there a law against it?
Some real estate dickhead just rang my mobile (which is not advertised anywhere) saying they were "just in the area" and wanted to do an appraisal on a house we own in <suburb name>.
It's an agency we don't use for any purpose, have never used for any purpose, and have never approached for any reason.
Is there some sort of legal issue with some smarmy sales knob looking up property owner details and cold calling them?
Makes me feel all gross that their grubby mitts are pawing through my deets somewhere in the hope of being able to stick a tongue up my bum and get a taste of some back door cash.
It's unsolicited and its purpose is marketing.
https://www.donotcall.gov.au/consumers/consumer-overview/making-a-complaint/
Or you can always sign their mobile up to services. Usually you'll find it on a billboard next to the mugshot of them sporting a shit-eating grin.
12Would be a clever way to case the joint too
4Or you can always sign their mobile up to services. Usually you’ll find it on a billboard next to the mugshot of them sporting a shit-eating grin.
Or just in my recent call history.... Looked it up and they're the "founder" of the company along with like 4 other people. All claiming equal rights. I wonder if they fought over who got their name first?
And they do indeed have a shit-eating grin. All of them. Why do they always look like that?
4Damn, they called from their own number? I don't know why I'm surprised lol. At least you know you can block it and that's probably that.
You can also write a complaint to the other four founders and reference your formal complaint to the gov in it. I'm sure that'll stir the pot if there's any power struggles currently going on 👍
5
Australia has a Do Not Call Register. A telemarketing call (which includes where the purpose is "to offer to supply goods or services" or "to advertise or promote goods or services") is generally illegal if it is made to a number on the Do Not Call Register. There is an exemption if they submitted the number called to the Register to check if it was listed up to 30 days before the call, and it didn't come back - so generally complaints are only possible if the number has been on the register for longer than 30 days. Consumers can get listed on the DNCR, and submit complaints if they receive a telemarketing call more than 30 days after listing at https://www.donotcall.gov.au/. The legislation can be read here: https://www.legislation.gov.au/C2006A00088/latest/text
In addition, Australia has commonwealth legislation about processing of personal information (the Privacy Act). However, it currently doesn't apply to 'small businesses' - businesses which made less than $3,000,000 of revenue in the previous financial year, unless they are in the credit reporting, health, or data broking business, or supply to the commonwealth. For organisations the Privacy Act applies to, they are only allowed to use personal information for direct marketing in a few circumstances - they obtained it from a person who would reasonably expect them to use it in those circumstances, and they provide an easy way to opt out, and they haven't opted out. They can also obtain it from someone else with the person's consent (or if it is impractical to obtain the consent). If asked, they have to disclose what information they hold, and the source of the data. The text of the Privacy Act can be found here: https://www.legislation.gov.au/C2004A03712/latest/text. The government has announced plans to tighten it up, likely including covering small businesses and increasing penalties.
Disclaimer: IANAL, not intended as legal advice, your individual circumstances might vary, consult a lawyer.
11they really need to fuck off with that "doesn't apply to small business". You see it with worker protection, privacy, basic security. Go fuck yourselves. You're jump starting bad practises.
3
I don't know but if I had to guess I'd say no such law exists.
They can't "harass" you, but a once off call isn't that.
Even if you could prove they had gotten your personal details through some nefarious means, no one would care. If you complained to their professional body I can almost guarantee they wouldn't understand what the problem is.
7They can't "harass" you, but a once off call isn't that.
Found the non-Millennial! I would say all phone calls are harassment. 😋
3
Here in VIC, its also completely s*** there aren't any junk mail laws.
Myself (and I heard this from others) plan to shred up any crap they put in my mailbox though from now on, and scatter it in their office. If everyone does that, it makes it unprofitable for them to do dodgy junk mail drops at least. It's also likely totally legal, because you're returning their litter.. At the moment, they ignore NO JUNK mail signs because there are no repurcussions, but, even shoving it under their door at their office might be enough to make them stop. Everyone really needs to start this..
I generally add their number to every callback number I can find on the internet, so they have to deal with dodgy phone calls. As they are distributing their mobile number wanting people to call them, I make sure as many people call them as they request
5In several countries you can add your number to a no-marketing list, making it illegal.
3Sign up on the DoNotCall register.
It will stop the honest ones from calling and when the dishonest ones do call, ask them for their business name and ABN and they disconnect very quickly.
It doesn’t make you immune to Political or Charity cold-calls, but if you mention that you will never vote or donate to someone who does cold calls, you get out on their internal DNC list very quickly.
It also doesn’t stop Scam/Illegal spam calls, but if you ask for their legal business name and ABN enough times, they soon get the picture and will disconnect the call.
2