The Telephone Consumer Protection Act (TCPA) is a federal law requiring prior express consent before using an automated telephone dialing system (ATDS) to send telemarketing calls or texts. Failure to comply can result in significant legal liabilities, costly lawsuits, and steep penalties.
In 2024, the Federal Communications Commission (FCC) issued several updates to TCPA rules and guidance, including:
Text Messages and the Do-Not-Call Registry: Restrictions on the Do-Not-Call Registry apply to text messages as well as phone calls.
One-to-One Consent: Sellers must obtain direct, one-to-one consent from consumers before using an ATDS or sending artificial voice messages.
Artificial Voice Messages: The definition now includes messages developed using generative AI.
The One-to-One Consent Rule
Effective January 27, 2025, the One-to-One Consent Rule will require businesses to obtain a consumer’s prior express written consent before making robocalls or sending robotexts. This consent must be based on a clear and conspicuous disclosure and must logically relate to the purpose for which consent was given.
Implications for Real Estate Professionals
Real estate professionals can make marketing calls and texts without prior consent, provided they do not use a random or sequential number generator (ATDS), prerecorded messages, or artificial voice messages, and adhere to Do-Not-Call Registry restrictions.
Best Practices for Compliance
To ensure compliance with the TCPA and reduce potential liability, Baldwin REALTORS® encourages members and offices to adopt the following practices:
Obtain Prior Consent: Secure express written consent from consumers for marketing calls and texts. Maintain an updated list of those who provided consent and those who opted out.
Adopt a Policy: Develop and implement a TCPA/Do-Not-Call Registry policy. Regularly train agents and staff on compliance.
Check the Registry: Consistently cross-check names and numbers against the Do-Not-Call Registry before making calls or sending texts, even when using third-party platforms or ATDS.
Review Vendor Agreements: Ensure third-party vendors providing phone numbers or automation services comply with TCPA requirements. Seek warranties and indemnifications in case of non-compliance.
Evaluate ROI: Carefully assess the risks and benefits of incorporating ATDS or artificial voice messages into your marketing strategy.
Tools and Resources for REALTORS®
Most real estate professionals rely on carefully curated contact lists for telemarketing. However, those utilizing ATDS or prerecorded/artificial messages must adhere to stricter TCPA consent requirements.
For more guidance, explore the following resources:
Stay Informed
Baldwin REALTORS® will continue to share updates on TCPA regulations and FCC guidelines to ensure our members remain informed and compliant. Stay tuned for additional resources and support.
Comments