FBI Agent Angry: REIRail Fails DNC List. Expensive Mistake!

[Clark Kirkpatrick]

I've been using REIRail from Max Maxwell/Hoopzip for a few months, and although it is buggy, it's been basically functional.

A few days ago, I texted someone who turned out to be a retired FBI Agent who was on the do not call list.

I've had people tell me they were on the DNC list before, but I assumed they were wrong - after all, I set my campaign to scrub against that list, so I couldn't be marketing to those people - right?

Wrong. I manually looked up this specific number, and it was on the DNC list at both the state and federal level. This is a huge problem.

Wholesalers beware. Any recommendations on a better program to use for texting/RVM?

[Joe Splitrock]

Below I have inserted the exact text from this public notice issued by the FCC relating to robotexts and TCPA. I underlined the areas that relate to mass texting using lists. Bottom line, you need an existing relationship and prior consent to text someone if you are a business. A wholesaler is a business and if you are asking to buying their home, that is an advertisement. This notice doesn't even get into the do not call list.

Full notice:

https://docs.fcc.gov/public/at...

Direct text from document:

Restrictions on Robotexts. The TCPA prohibits autodialed calls or text messages, as well as prerecorded calls, unless made with the prior express consent of the called party, to any telephone number assigned to a cell phone or other mobile device (such as a pager), unless the calls or text messages are: (1) made for emergency purposes; (2) free to the end user and have been exempted by the Commission, subject to conditions prescribed to protect consumer privacy rights; or (3) made solely to collect debts “owed to or guaranteed by the United States.”

Consumer Consent. Those contending that they have prior express consent to make robotexts to mobile devices have the burden of proving that they obtained such consent.

This includes text messages from text messaging apps and Internet-to-phone text messaging where the technology meets the statutory definition of an autodialer.

The fact that a consumer’s wireless number is in the contact list of another person’s wireless phone does not, by itself, demonstrate consent to receive robotexts.

Further, recipients may revoke their consent at any time using any reasonable method. When a recipient of an autodialed text has revoked consent to receive future robotexts, the text sender may immediately send one final autodialed text to confirm the recipient’s opt-out request.

Advertising Robotexts. Prior express written consent is required for autodialed texts that include or introduce
an advertisement except in certain limited circumstances. Even if a person has provided such consent,
however, his or her later opt-out request requires the sender to stop sending text advertisements.