As a real estate agent, staying compliant with the latest regulations is crucial to avoid hefty fines and legal trouble. With the new Telephone Consumer Protection Act (TCPA) rules going into effect in January 2025, it’s essential to understand the changes, how they impact your business, and what you should be doing right now to prepare. This blog post will guide you through the new TCPA rules and how to ensure compliance.
What is TCPA?
The Telephone Consumer Protection Act (TCPA) is a federal law enacted to regulate telemarketing calls, auto-dialed calls, prerecorded calls, text messages, and unsolicited faxes. It aims to protect consumers from unwanted communications and excessive robocalls.
Why is it Changing?
The TCPA is changing to close the lead generator loophole and combat excessive robocalls and texts. These changes include a fine of $500 per violation with a statute of limitations of four years. TCPA lawsuits are up 40% already in 2024, highlighting the increasing enforcement of these regulations.
New Federal TCPA Laws
March 2024
Text messages are now included in the federal TCPA rules, treated the same as phone calls.
January 2025
1:1 written consent is required to contact anyone using regulated technologies or to contact someone on the DNC registry.
Regulated Technologies
This includes autodialers, prerecorded messages, artificial calls, AI technologies, and voice cloning.
How to Comply
- Check the DNC Registry: Before calling or texting, ensure the number is not on the DNC registry.
- Avoid Automated Platforms: Do not use automated platforms for contacting leads.
- Avoid Pre-recorded Messages: Refrain from using prerecorded messages or artificial voices.
- Don’t Buy Leads: Purchased leads may not comply with TCPA laws. Verify the vendor’s terms of service and whether they sell leads to multiple agents.
When is 1:1 Written Consent Required?
1:1 written consent is required if:
- The number you are calling or texting is on the federal or your brokerage DNC list.
- An autodialer or automated platform is used.
- An artificial voice or prerecorded message is used.
How Long is Consent Good For?
Active Business Relationship
Consent is good for 18 months if you are actively doing business with the individual (transaction).
Non-Business Relationship
Written consent is good for 3 months if you’re not conducting business with them.
Existing Database
You can call your existing database if they are not on the DNC registry and you do not use regulated technologies.
Manual Calls
If you are manually picking up the phone and dialing the number, you only need to check the DNC list (federal and brokerage).
Real World Examples
For Sale By Owner (FSBO)
If you do not have a specific interested buyer for that home, check the federal and brokerage DNC lists.
Expired Listing for Your Brokerage
There is an 18-month established business exception to the DNC prohibition. However, the former customer can revoke consent, which applies to everyone in your brokerage.
Expired Listing of Another Brokerage
Check the DNC lists. Knowing someone personally does not constitute consent to contact.
Caller ID
It is a separate violation if the phone you are using to solicit a consumer has the Caller ID blocked. Ensure your name or business name is visible for any call or text you are making to solicit business.
Conclusion
Be smart, be conservative, and always check the registries. Get the necessary consent before making any contact. Staying compliant with TCPA rules not only protects you from legal repercussions but also builds trust and credibility with your potential clients.
*The information provided in this blog post is for general informational purposes only and is not intended to be legal advice. Real estate agents should consult with a qualified legal professional for advice regarding their specific circumstances and compliance with the Telephone Consumer Protection Act (TCPA) and other relevant laws. The author and publisher are not responsible for any actions taken based on the information provided in this post.
