Real Estate Cold Calling Compliance: Staying within the Legal Boundaries

Posted In | CRM | Help Desk | Calling Solution | Real Estate, Contractors & Construction

While cold calling can be a powerful tool for real estate professionals, it is essential to understand and adhere to the legal boundaries that govern this practice. Failing to do so can lead to significant fines and even the loss of your real estate license. This article aims to guide you through the essentials of real estate cold calling compliance.

 

Understanding the TCPA

The Telephone Consumer Protection Act (TCPA) is a federal law that regulates telemarketing calls. It sets rules for automated dialing systems, pre-recorded voice messages, text messages, and unsolicited faxes. The TCPA prohibits these activities without prior express consent from the recipient. Violations can lead to fines ranging from $500 to $1,500 per call or message.

 

Do Not Call Registry

The National Do Not Call Registry, managed by the Federal Trade Commission, allows consumers to opt out of telemarketing calls. Under the law, if a number is on this registry, you are prohibited from calling it. Before making any cold calls, you are required by law to scrub your call list against the Do Not Call Registry.

 

State-Specific Laws

While the TCPA and the Do Not Call Registry are federal regulations, each state may have its own laws governing cold calling. For example, some states require a specific disclaimer at the beginning of the call, while others may have different hours during which you can make calls. It's crucial to familiarize yourself with these laws to avoid legal trouble.

 

Obtaining Consent

Obtaining prior express consent is key to staying within legal boundaries. This consent can be obtained in writing or orally, but it must be clear and unambiguous. The consumer must know that they are agreeing to receive calls from you. Keep a record of this consent, as you may need to prove that you obtained it lawfully.

 

Establishing a Compliance Plan

A strong compliance plan is your best defense against potential legal issues. This plan should include regular training for your team, documenting consent, regularly scrubbing your call lists, and staying updated on federal and state laws. By implementing a strong compliance plan, you can minimize your risk and focus on what you do best - selling real estate.

 

Real estate cold calling is a powerful tool, but it comes with its own set of legal considerations. By understanding and adhering to the TCPA, the Do Not Call Registry, and state-specific laws, you can ensure that your practices are within legal boundaries. Remember, compliance isn't just about avoiding fines - it's about maintaining the trust and respect of your potential clients.