Hello good people of BP :-)
I would like to know if you know if there are any legal issues for doing a bulk SMS campaign to potential home sellers?
I'm generating my own prospects from the web, they are not registered on my website.
Is it something that can be considered as SPAM?
Seems like it could get a little questionable, but it likely depends on state as well as federal constraints. I am following though to see if anyone has been able to pull this off! Great question!
SMS falls under the jurisdiction of the CAN-SPAM Act of 2003. The same rules that apply to spam email apply to SMS Messages. Based on the law I stopped using bulk SMS providers (who will send a blast SMS for anyone) and built my own with Opt-In / Opt-Out options.
Biggest piece that i have learned of with bulk text is there has to be Human interaction for each text. Which by definition means its not really a bulk text but I also think that's the point of the law.
@Dave Ramirez how were you able to build your own? I’m looking to do the same.
@Oluwasegun Oluwadele I build them for businesses. Let me know if your interested.
Not if you use a compliant messaging platform. TCPA guidelines state that you cannot sell or market your products/services without someone opting in to receive messages or calls from you.
However... As Real Estate Investors/Wholesalers we are simply asking them if we can purchase their home or make and offer on their home. That being said. We are not technically asking them to buy our products or services. So that would mean it is in fact legal.
Furthermore, TCPA guidelines also say the tool you are using cannot be an autodialer. There has to be some sort of human intervention in between sending messages. So you must use a using a compliant SMS/Texing platform... The platform must require you to click a button between messages when sending.
That all being said. It is very important to use compliant texting platform.
@Dave Ramirez Can you Dm me with the info/services you offer regarding autodialer,etc.?
My take is that SMS blasts are not legal under TCPA unless there is opt-in and can and have resulted in hefty fines. Here is a synopsis I came across.