{"id":23088,"date":"2023-12-27T16:04:10","date_gmt":"2023-12-27T16:04:10","guid":{"rendered":"https:\/\/www.anthonydidonato.net\/wordpress\/?p=23088"},"modified":"2023-12-27T16:04:11","modified_gmt":"2023-12-27T16:04:11","slug":"do-you-know-who-you-are-calling","status":"publish","type":"post","link":"http:\/\/www.anthonydidonato.net\/wordpress\/do-you-know-who-you-are-calling\/","title":{"rendered":"Do You Know Who You Are Calling?"},"content":{"rendered":"\n

Your phone marketing strategy could land you in legal trouble.<\/p>\n\n\n\n

As a real estate professional, you\u2019re constantly looking to grow your business. While picking up the phone to call potential clients and solicit new business may seem outdated in today\u2019s digitized world, the reality is that the telephone still plays an important role in marketing. In fact, using your phone to send text messages to potential clients is more common than ever. But also becoming more popular are class-action lawsuits alleging violations of the Telephone Consumer Protection Act<\/a>.<\/p>\n\n\n\n

The TCPA is a federal statute, premised on protecting residential and personal telephone numbers from telemarketing and autodialed calls. Two primary restrictions are at the heart of the law. The first prohibits telemarketing calls to numbers registered with the national Do Not Call Registry. The second requires a caller to obtain written consent before using an autodialer to send telemarketing text messages or calls, even when the number called is not on the DNC registry. <\/p>\n\n\n\n

In the 17 months after the Federal Communications Commission\u2019s July 2015 order clarifying TCPA rules, 3,121 lawsuits were filed, targeting U.S. businesses of all kinds, a 46 percent increase from the 17 months prior to the clarification. And aggressive plaintiffs\u2019 attorneys are increasingly focused on real estate in class-action TCPA litigation. In April, a consumer sued a California brokerage alleging the brokerage violated the TCPA by making unsolicited autodialed calls to consumers without their consent, including to consumers registered on the Do Not Call list. These lawsuits can be expensive, as the TCPA provides for statutory damages ranging from $500 to $1,500 per violation. While plaintiffs more often target deep-pocketed brokerages, individual agents are not inherently protected.<\/p>\n\n\n\n

How to Avoid Being Sued<\/h2>\n\n\n\n

Protect yourself by ensuring the numbers you text or call are not included on the DNC list. Adopt a written policy that includes these requirements:<\/p>\n\n\n\n