What you need to know
TCPA Compliance
Do not call & TCPA compliance, here’s (almost) everything you need to know!
Now, more than ever, making unsolicited outbound calls and text messages with an autodialer are costing real estate professionals heavily.
We’re talking $500-$1,500 per call or text heavy. What’s the reasoning? Well, if you’re using software to text or an auto-dialing system to call that with a click of a single button the system automatically delivers hundreds, or worse thousands of phone calls & text messages…
You’re likely breaking the Telephone Consumer Protection Act (TCPA)
and may want to rethink your strategy.
Realtors & investors alike should consider their risk tolerances for the following reasons
01
Attorneys are recently targeting investors & realtors using predictive dialing systems like Mojo, Call Tools & Xencall without to call homeowners without consent
02.
There has been a 580% increase in TCPA cases in the last 5 years!
03.
In recessions, just like the rest of us, attorneys are looking for easy ways to make quick money.
According to Dustin DeFrates, Co-Founder of Geopoint Data and The Call Gurus
it’s not the FCC directly coming after investors & Realtors that’s the problem.
The TCPA allows private lawsuits for violation, which means that attorneys are chomping at the bit to get in on these cases. A class action lawsuit will ensue if an attorney can organize their case to compel a judge to require you or your software provider to disclose your call or text history.
Worse yet, they will determine the value of your business & personal assets and they’ll go after you in court where your best options will include going before a judge to open all your text & call records or succumbing to something that will feel similar to blackmail.
What can a realtor do to legally contact someone?
It’s probably easier to look at the things a realtor cannot do.
01
Soliciting anyone without scrubbing against the Do Not Call list
02
Call or text leads that haven’t been touched in 90+ days w/ out scrubbing DNC
03
Made outbound calls or texts using a ADTS without written permission
What risk are you willing to take?
Each office should do their own research to define their approach and determine how much – if any – risk they’re willing to take.
Individuals should be weary of platforms that boast TCPA compliance, as their word is not going to defend you in a court case. In some cases, software providers would defend themselves by stating they created the software and are not held liable for the way that it is used. They could be right, so you in turn could be held very much responsible for any violations that take place as a result of using these platforms.
As a business owner or professional, it should be a number one priority to safeguard your finances by minimizing the risk of an avoidable lawsuit. To ensure that your business is operating legally, consider consulting an attorney who is fully familiarized with TCPA compliance, they may be able to significantly reduce if not eliminate your exposure.
Built for real estate professionals, by real estate professionals
Our team has spent a small fortune to assure our real estate customers have the information & tools to maintain compliance. To learn more, feel free to download our peer reviewed eBook about how TCPA compliance affects real estate professionals.
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