TCPA Compliance Notice

Last Updated: March 19, 2026

This notice explains how JoseTheRealtor complies with the Telephone Consumer Protection Act (TCPA) for our automated messaging and calling services.

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.