How to Stop Real Estate Agents from Harassing You After an Open House
If you've given your email address or phone number to a real estate agent during an open house, you might find yourself receiving unwanted calls, texts, or emails from agents you've never met. Fortunately, Australian law provides strong protections against such harassment. Here's what you can do to stop it.
Understand Your Rights Under Spam Laws
Under the Spam Act 2003 and the Spam Regulations 2021, real estate agents cannot send you marketing messages without your consent. Consent can be express (e.g., you tick a box agreeing to receive updates) or inferred (e.g., it's reasonable to assume you expect contact after providing your details). Importantly, you can withdraw your consent at any time.
Every marketing message must include a clear and easy way to unsubscribe. Once you unsubscribe, the agent must stop contacting you within five working days. If they fail to do so, or if there is no unsubscribe option, you can file a complaint with the Australian Communications and Media Authority (ACMA). ACMA can investigate systemic issues and take enforcement action. Provide screenshots of all communications as evidence.
Privacy Protections Under the Privacy Act
The Privacy Act 1998 and its Australian Privacy Principles (APPs) prohibit businesses from disclosing your personal information for direct marketing without your consent. If a real estate agent shares your details with another agent without your permission, they are breaking the law. Agents must also have a clear privacy policy that explains how they handle your data.
If you believe your information was shared without consent, first complain directly to the real estate agency. If they do not respond within 30 days or you are unsatisfied with their response, you can escalate your complaint to the Office of the Australian Information Commissioner (OAIC). The OAIC is currently conducting a sweep of businesses, including real estate agents, that collect personal information in situations with power imbalances.
Additional Steps to Protect Yourself
- Register on the Do Not Call Register: This prevents unsolicited marketing calls and faxes, but not texts or emails. You can register online for free.
- Unsubscribe from all marketing: Immediately opt out of any emails or texts you receive from agents. Keep records of your unsubscribe requests.
- Be cautious at open houses: Ask agents how they will use your information before providing it. You have the right to refuse to provide details or to request that they only contact you about that specific property.
By understanding and exercising your rights, you can stop unwanted contact from real estate agents and protect your personal information.
