Learn to Legally Text Clients Under the Telephone Consumer Protection Act
Sending text messages is a fast and effective way to reach business partners, clients and potential clients, but did you know the Telephone Consumer Protection Act (TCPA) regulates most text messages? Without a firm understanding of the TCPA, your real estate business may be at risk.
Click here for an article from NAR, "The Window to the Law" to understand what type of consent is required.
A Florida-based real estate brokerage is currently defending against a TCPA class action lawsuit in Federal court in Florida, alleging the brokerage sent text messages without obtaining required consent.
In short, the text message sender must have clear consent agreements from the recipient for telemarketing messages. Consent should be well documented and preserved. According to the act, the text message sender bears the burden of proof to demonstrate the sender complied with the relevant consent requirements. It is a good idea to include language on forms where wireless numbers are provided, stating that recipients providing their wireless number agree to receive text messages from or on behalf of the sender.
Don't let the TCPA or fear of litigation stop you from using text messaging to better your real estate business. But be knowledgeable and build a fully compliant text messaging program so that you can continue to be successful. Watch the full video
"Window to the Law: TCPA and Texting" from the National Association of REALTORS for full details.