Telemarketing & Cold-Calling

Quick Takeaways

  • The Telephone Consumer Protection Act (TCPA). was signed into law in 1991 to protect the privacy rights of consumers.
  • Businesses can call, text, or fax consumers if certain requirements are followed.
  • Obtaining express consent from consumers is required under the TCPA.
  • Businesses must also comply with the Do Not Call Registry.

The Telephone Consumer Protection Act (TCPA). was signed into law in 1991 to protect the privacy rights of consumers. The Rules apply to marketing communications by cell phone, residential phone lines, texting, and faxing. Businesses must be aware of the law to avoid potential violations.

A recent Supreme Court decision will allow businesses greater flexibility in cell phone marketing. Before creating a text marketing campaign, brokerages should learn how to legally text clients under the TCPA.

Take care not to abuse rules meant for informational alerts, or risk violating the law.

TCPA requires express consent from consumers. Consent to receive calls, texts, or faxes must be unambiguous. There may be exceptions under established business relationship rules, but the requirements for such exceptions must be carefully met.

Real estate professionals must also comply with the Do Not Call Registry for any cold calling activities.

Consider best practices such as creating a written do-not-call policy, training personnel in the policy, checking the registry every 31 days, and maintaining an internal company-specific do-not-call list honoring persons’ requests not to be called.

See References for more information.

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