Voice and Text Blast Services

[Lauren Sinz]

Any recommendations of online companies with these services? If so, why use the one you are recommending?

Thanks!

[Michael T.]

From a legal standpoint, the suggestion is a nightmare for multiple reasons! From real estate investors to other small businesses, I talk to people daily who have no idea about the potential liability under the Telephone Consumer Protection Act ("TCPA")(47 U.S.C. 227 et seq.).

There are two initial issues that can create huge problems with your suggestion. First, the use of the prerecorded message which would violate 47 U.S.C. 227(b)(1)(A) for the prerecorded voice to a cell number. Second, beginning in October of last year, the TCPA was expanded to require express written consent for all autodialed calls to cell phones. So, you could be looking at $1,500 per violation, plus you have 2 violations in 1 call. So, $3,000 per call multiplied by the total number of calls you have the company place.

Furthermore, while most real estate investors don't realize that their calls can be considered "telemarketing" under the TCPA because they think of a telemarketer in a common sense approach versus the legal definition, there would probably be other violations under 47 C.F.R. 64.1200(d) which could add another violation to the mix. For instance, how many people in real estate that talk to people on the phone have a written do-not-call policy? I haven't come across too many but it's required along with many other requirements.

Lastly, there is a long list of cases that state because the TCPA is penal rather than remedial, your insurance company doesn't have to cover any awards and there is no cap on damages in a class action suit. So, why risk everything without understanding all the potential pitfalls?