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Real Estate Agency Using Fake AI Salesperson to Spam Customers
ABC News
ENRICHED
Details
- Date Published
- 2 June 2026
- Priority Score
- 2
- Australian
- Yes
- Created
- 1 June 2026, 10:00 pm
Authors (2)
- Ellen FanningNEW
- Kenji SatoNEW
Description
"Daniel" is an AI real estate agent who calls strangers and secretly records conversations without their consent.
Summary
This report examines an Australian real estate agency's use of 'Daniel,' an AI agent that makes unsolicited sales calls and records conversations without immediate disclosure of its non-human status. The incident highlights emerging legal gray areas regarding 'one-party consent' laws and whether AI entities can legally be considered a party to a conversation under existing privacy frameworks. While focusing on consumer protection and deceptive marketing, the case underscores broader governance challenges regarding the deployment of autonomous agents and the erosion of trust in digital communications.
Body
'Daniel' is a fake AI real estate agent who is trying to sell units to strangersBy Ellen Fanning and Kenji Sato612 ABC BrisbaneTopic:AITue 2 Jun 2026 at 6:00amTue 2 Jun 2026 at 6:00amTue 2 Jun 2026 at 6:00amEllen Fanning received a phone call from "Daniel", who turned out to be an AI system. (612 ABC: Kenji Sato)In short: An AI real estate agent is calling customers and trying to convince them to buy a Gold Coast apartment. The agent identifies itself as "Daniel" from Colliers real estate.What's next?Ellen Fanning will ask Queensland's leading legal minds whether "Daniel", the AI bot, is breaking the law on today's Drive program.When 612 ABC presenter Ellen Fanning received a phone call from "Daniel", she sensed something was amiss.Daniel introduced himself as a Colliers real estate agent who was reaching out to prospective buyers of a new Gold Coast apartment tower."Are you a person, Daniel?" Ellen asked."I'm actually an AI system designed to help you with your inquiry about Bilinga House," Daniel replied."So how many bedrooms were you looking for?"Loading...When pressed further, Daniel said he was calling on a recorded line and the whole conversation had been taped.Before being questioned, Daniel had never disclosed that he was AI nor that he was recording the conversation. Several 612 listeners called in to say they too had been called by "Daniel".Following Ellen's discussion about the experience on the 612 Drive program, Daniel's mobile phone number was disconnected.Colliers have not responded to 612 ABC's repeated requests for comment.Colliers has offices throughout Australia. (612 ABC: Kenji Sato)Queensland University of Technology digital media professor Jean Burgess said "Daniel" was a "scary" glimpse of what the future held.Professor Burgess said people were increasingly unable to trust what was real and what was artificially generated.She said consumers were taking an increasingly dim view of companies that leaned on AI instead of human beings."The human voice and conversation is the gold standard for authentic intimacy between people," Professor Burgess said."To be breaking these social norms is going to completely backfire on a business doing this sort of thing."Is it even legal?Queensland has "one-party consent" laws, which means only one person involved in a conversation needs to agree to have it recorded.It means you can record a phone conversation you are having with another person, even without telling them.However, lawyers say it is unclear whether an AI is considered a "party" in a conversation, or whether a company is breaking the law by recording these conversations.Real Estate Institute of Queensland chief executive Antonia Mercorella said the law was often unclear when it came to AI.Antonia Mercorella says real estate agent businesses should announce they are using AI bots. (ABC Radio Brisbane: Kenji Sato)However, she said real estate agents had, at least, a moral duty to be transparent about their use of AI."It would be appropriate to announce that it is a bot called Daniel who is calling on behalf of someone, but that it is an AI bot," Ms Mercorella said."We know the law is still catching up when it comes to the use of AI."Fanning will be speaking with Queensland's leading legal minds on 612 ABC's Drive program after 4pm today.She will be asking them whether "Daniel" is breaking the law by recording phone conversations without telling the other person.ABC Brisbane in your inboxGet local news, stories, community events, recipes and more each fortnight.Email addressSubscribeYour information is being handled in accordance with the ABC Privacy Collection Statement.