How Do You Handle DNC Numbers When Cold Calling?

Question

Hi everyone,

I’m a teen trying to get into wholesaling and I’ve been wondering how others handle phone numbers on the Do Not Call list. Do you avoid them completely, or use other outreach methods like texting or mail?

I’m trying to stay compliant and learn the right approach from those with experience. Appreciate any help!

Jayson Vincent · Answer

Hey Maleigha, love that you’re starting young and doing it the right way by asking these kinds of questions — that’s huge.

I’m also new to wholesaling, and one thing I’ve picked up early on is that calling or texting people on the Do Not Call list can get tricky fast. To stay compliant, I avoid that completely and send direct mail instead. It’s a safer legal route and still a great way to connect, especially if you keep the message personal and relevant.

Keep it up — you’re definitely on the right track!

Chris Seveney · Answer

As someone getting started, your ethics and morals will play a huge role in your real estate career. Starting out by breaking the law is not a great place to start. People are on that list for a reason, and do you really think you are going to get a seller when they are on that list.

Stay compliant and just avoid them

Chris Seveney · Answer

respectfully disagree, there is no gray area with a person on the DNC list when buying a list from a third party or getting someones info from a third party site if they did not sign up.

Ken M. · Answer

What is the TCPA?: Here’s a Quick Background on America’s Anti-Robocall Statute Every Call Center Must Know

https://natlawreview.com/article/what-tcpa-heres-quick-backg...

A caller must make two calls in a twelve month period to violate the DNC provisions.A violation of the DNC provisions of the TCPA (227(c)) carriers a penalty of up to $500.00, but there is a good faith defense available to callers.

Common Compliance Difficulties

Several definitions are unclear under the statute, leading to difficulties in compliance.

For instance, the definition of ATDS is unclear and may turn on the source code capabilities of a dialing system.

The definition of “marketing” and “solicitation” are also difficult to discern.

The definition of “reasonable” for purposes of revocation is unclear.

Beyond definitional issues, the statute can be extremely difficult to comply with from a practical standpoint.

For instance, the TCPA requires consent of the subscriber or regular user of a phone. This means if a phone number changes hands–or a consumer provides a wrong number–a caller may be strictly liable for calls made to that consumer. (The reassigned numbers database was recently launched to help prevent wrong number calls to reassigned numbers, however.)

Parties who rely on online lead forms often find themselves embroiled in TCPA litigation either because the content of the form does not comply with the statute’s highly-technical consent rules or because a vendor supplied false information.

Callers are also often targeted by litigators who intentionally plant their numbers online using VPN or other services to mask their IP address and then sue for resulting calls.

Cornelius Garland · Answer

I still call them. However, if they're on the litigator list, which is a small percentage of each list, I'll remove them. Your list will be so small if you remove every homeowner that is labeled as DNC. I've had sellers tell me not to call them and I did. Guess what? A few months later, the house was sold to someone else. So it's not a good policy to remove these people - just put them on a long term follow up. If they threaten litigation or to call the cops, which is a very very small percentage of people, then remove them.There was recently a court ruling in Arizona where the courts deemed that reaching out to homeowners to buy their property was not considered solicitation. So if someone wants to pursue litigation, they'll quickly find that the courts will not rule in their favor. Play ball. You're good to go.

How Do You Handle DNC Numbers When Cold Calling?

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