Any recommendations of online companies with these services? If so, why use the one you are recommending?
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?
Thanks for your quick response. What if I am sending the voicemail/text blast to a list generated from ads for real estate for rent? I am calling the phone numbers in these ads asking if the owner is interested in selling the property. In my voicemail, it states if they are interested, to "press 1 to speak with a live person" or "press 2 to be added to our do not call list". Would this work given your response?
Interesting concept. I'm not quite sure how effective this would be. You may want to get in touch with @Sharon Vornholt who has done a lot of marketing in this niche. She's done a lot of write-ups on the BP blog on the subject.
Hope that helps!
ULynk does text blast marketing, but as Michael said above, there are a lot of legal issues involved. You have to get permission from people to send messages to them.
As far as the voice blast calls, I hang up as soon as I hear it's a automatic message so I really doubt their efficacy.
It makes no difference where you get the number from, if they haven't provided written consent to you specifically, you could be in for a big headache. There's tons of caselaw on the topic. If you want me to go into further detail, I'd be glad to do so either on here, via PM, or even just call me. Of course, the one thing that I failed to address was the text question but that is applicable under TCPA as well.
please, by all that is holy, no.
just do not participate in this abomination
Jean Bolger, 33 Zen Lane | http://www.solidrealestateadvice.com
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