Do Not Call List and Texting
- Thread starter rousemark
- Start date
- 11,997
With texting it is actually different:
You can't text without explicit permission to contact them that way.
Thanks Congress.
You can't text without explicit permission to contact them that way.
Thanks Congress.
All of my leads require all possible opt ins but I'm curious, Josh, are all cell phones eligible for DNC? For instance, if a business owner has their cell on DNC but it's still a b2b call, how does that work?
- 11,997
So, the TCPA (a.k.a. "do not call law") is a layered beast.
The Telephone Consumer Protection Act, is specifically for consumers. B2B transactions are exempt, but you should read the fine print of the law and clarify that before you start getting too creative with it.
A business owner cell phone is a great example. I happen to own a business myself! If someone calls my cell phone when the number is listed as a business number, then it is a business call. If, on the other hand, you are trying to reach me while I am at home to sell me home insurance (or some other consumer product), the facts will look a little different.
Cell phones are also fair game to dial "manually", but use of an "Automatic Telephone Dialing System" is where things get hairy. Devil of the details there, is, they basically want to kill cold calling.
So, in theory, I can manually dial a business owner cell phone during normal business hours without any issues?
Thank you for these responses. They should be very informative for everyone.
- 11,997
Yeah, manually cold calling business owners during normal business hours is top notch.
I think the most bizarre thing about the change in the laws (and as connected with how people actually use technology), is that if you text a consumer (which many would want), without having a copy of them explicitly agreeing to it, then the liability is triggered. I doubt many people want to really push that in the Courts, but the law on the matter technically means even if you have had a customer for years and you normally texted, you'd still need that opt-in permission somewhere.
- Thread starter
- #7
UKTX
Super Genius
- 203
Texting is pretty much a no go unless you have consent to contact with that specific method. With texting it can't be hidden in some T/Cs either there has to be a direct "can we text you, if yes sign here" type of statement.
Naturally there are millions of "what if scenarios" but if you appear to have deep pockets, any joe blow can come after you for it. Take a look at the case with AWL and their $6.5m lawsuit.
Naturally there are millions of "what if scenarios" but if you appear to have deep pockets, any joe blow can come after you for it. Take a look at the case with AWL and their $6.5m lawsuit.
So your telling me a client you've had for 10 yrs you can't text unless they opted in ? I'd say 99% of agents don't adhere to these rules . I get 5 unsolicited tests a day . I know why know one answers there phone . I get 20 spoof # calls a day with the same first 3 digits .
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