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Updated 6 days ago on . Most recent reply

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Jared Stong
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Cold Calling - Ethical? Legal?

Jared Stong
Posted

If I am looking to contact people who's homes are going into foreclosure before the foreclosure happens, what is the ethics or legality of finding their name through public records and reaching out to them? 


What is the best way to go about this? Is there sites for finding peoples contact information with only having access to their name or current address?

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Jared, This is a very complicated area of law, with both state and federal rules that may apply.  I would encourage you to reach out to a local attorney before diving too deep just to make sure you are on the right side.  That being said, most federal laws, especially the TCPA (Telephone Consumer Protection Act) are going to apply when you are mass advertising or
if you’re using an auto-dialer, pre-recorded voice, or artificial voice to call consumer. Those will usually require some sort of consent, either written or oral depending on the details. The rules on those also apply to most outreach that is classified as marketing rather than informational or administrative. Although the FCC does not always define whether rules apply to voice calls or texts, it has repeatedly found that the term is broad enough to include both phone calls and text messages, so better be careful when using such.  Now, if you're not using such methods, but rather individually looking up information from a public database and calling directly based on such, you are less likely to run into legal issues.  If you go that route, make sure you are first checking the Do Not Call Registry (that will apply regardless of how or why you are contacting should the recipient want to complain) and don't call again if they make that request.

Note: This information is for educational and informational purposes only and does not constitute legal, tax, financial, or investment advice. No attorney-client, fiduciary, or professional relationship is established through this communication.



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