1. TCPA Overview
The Telephone Consumer Protection Act (TCPA) is a federal law that restricts automated calls, text messages, and fax communications to protect consumers from unwanted solicitations.
Important Legal Notice
TCPA violations can result in penalties of $500-$1,500 per message. You are solely responsible for ensuring compliance with all TCPA requirements when using our services.
2. Our Automated Messaging Services
2.1 AI Outreach Services
- SMS Messages: Automated text messages to property leads
- Email Communications: Automated email outreach campaigns
- Multi-Channel Messaging: Facebook, Instagram, WhatsApp integration
- Follow-up Sequences: Automated response and nurture campaigns
2.2 Business Hours Compliance
Automatic Time Restrictions
- Monday-Friday: 9:00 AM - 7:00 PM EST
- Saturday: 9:00 AM - 12:00 PM EST
- Sunday: No automated messages sent
- Holidays: Automatic suspension on federal holidays
2.3 Rate Limiting
- 2-second delays between individual messages
- Maximum 7 touches per contact over 28 days
- Automatic throttling during high-volume periods
- Respect for carrier-level rate limits
3. Consent Requirements
3.1 Your Responsibilities
Critical Compliance Requirement
You must obtain proper consent before using our services to contact any individual. This includes:
- Express Written Consent: For automated calls to cell phones
- Prior Business Relationship: For existing customers or inquiries
- Opt-in Consent: For marketing and promotional messages
- Clear Disclosure: Nature and frequency of communications
3.2 Consent Documentation
You must maintain records of consent including:
- Date and method of consent obtained
- Specific language used to obtain consent
- Identity of person providing consent
- Phone number(s) consented to receive messages
- Scope of consent (types of messages, frequency)
4. Opt-Out Procedures
4.1 Automatic Opt-Out Recognition
AI-Powered Opt-Out Detection
Our AI automatically recognizes and processes these opt-out requests:
- "STOP", "UNSUBSCRIBE", "REMOVE"
- "Don't contact me", "Take me off your list"
- "Not interested", "Stop calling/texting"
- Any clear indication of withdrawal of consent
4.2 Opt-Out Processing
- Immediate Processing: Opt-outs processed within 10 seconds
- Confirmation Message: Automatic confirmation sent to requester
- System-Wide Block: Number blocked across all campaigns
- Manual Override: You can manually add numbers to opt-out list
4.3 Alternative Opt-Out Methods
Additional Ways to Opt-Out:
- Email: optout@josetherealtor.com
- Phone: [Your Business Phone]
- Online Form: Compliance Portal
- Mail: [Your Business Address]
5. Do Not Call Registry Compliance
5.1 DNC Scrubbing
You are responsible for scrubbing your contact lists against the National Do Not Call Registry before using our services for marketing calls or texts.
5.2 Established Business Relationship Exception
You may contact individuals with whom you have an established business relationship, even if they are on the DNC Registry, provided:
- The relationship was established within the last 18 months
- The contact is related to the business relationship
- You provide clear opt-out mechanisms
6. Record Keeping Requirements
6.1 Your Record Keeping Obligations
You must maintain records for at least 4 years including:
- Consent records and documentation
- Opt-out requests and processing dates
- DNC Registry scrubbing records
- Call/message logs and timestamps
- Training records for staff handling communications
6.2 Our Record Keeping
We maintain records of:
- Message delivery attempts and results
- Opt-out requests and processing
- System-generated compliance logs
- Business hours enforcement logs
7. Penalties and Enforcement
TCPA Violation Penalties
- Per Message: $500-$1,500 per violation
- Willful Violations: Up to $1,500 per message
- Class Action Risk: Potential for large-scale lawsuits
- FCC Enforcement: Additional regulatory penalties
7.1 Your Liability
You are solely responsible for TCPA compliance when using our services. We provide tools to help with compliance, but cannot guarantee your compliance with all applicable laws.
8. TCPA Best Practices
8.1 Recommended Practices
- Always obtain clear, documented consent before messaging
- Regularly scrub lists against DNC Registry
- Provide clear identification in all messages
- Include opt-out instructions in every message
- Monitor and respond to opt-out requests promptly
- Train staff on TCPA compliance requirements
- Maintain detailed records of all communications
8.2 Legal Consultation
We strongly recommend consulting with a qualified attorney familiar with TCPA regulations to ensure your specific use case complies with all applicable laws.
TCPA Compliance Contact
For TCPA compliance questions or to report violations:
Compliance Officer: compliance@josetherealtor.com
Opt-Out Requests: optout@josetherealtor.com
Phone: [Your Business Phone]
Compliance Portal: Manage Communications
Opt-out requests will be processed within 10 seconds during business hours, or by the next business day for requests received outside business hours.