The Real Estate DNC Reality

This is not a scare tactic article that urges you to change your DNC tactics or die. It’s a reality check for the current status of DNC in real estate industry. Here’s whats up.

Do Not Call (DNC) has long been known by real estate professionals because our industry lives on their phones. But also, DNC has long been ignored by realtors. There simply were not examples of enforcement that were significant enough to dissuade the rampant violations. No carrot, no stick.

Secondly, and perhaps more importantly, It was hard to comply. There was not an easy way to incorporate DNC data into CRM’s and databases and crm’s like follow up boss.

Both of those reasons have shifted – and rather significantly in the last 24 months.

Enforcement of DNC in Real Estate

The Federal Communications Commission (FCC) has intensified enforcement of the TCPA, (where DNC legally lives) leading to an increase in lawsuits against real estate professionals for unlawful telemarketing practices. Here’s the most notable example.

The HUGE Example: Keller Williams Realty – $40 Million Settlement

In 2023, Keller Williams Realty agreed to a $40 million settlement due to violations of the Telephone Consumer Protection Act (TCPA). The allegations included making unsolicited calls to numbers listed on the National DNC Registry and using robocalls without proper consent. This was not for spam dials in the traditional sense, but calling with an invitation to a “Mimosa and Ice Cream Truck Open House”. Their company training had been to do just that. This case underscores the significant financial risks associated with non-compliance. Nar.realtor

Sure you say, but they were just making an example out of a big time company. They wouldn’t do anything to mom and pop agents…. Well, while high-profile cases involving large firms make headlines, individual real estate agents and smaller brokerages have also faced penalties for violating Do Not Call (DNC) regulations. These smaller cases are less frequently publicized, because they don’t grab the spotlight… but the consequences are real and significant.

Individual Penalties Under the Telephone Consumer Protection Act (TCPA):

Monetary FCC Fines: Violations can result in fines ranging from $500 to $1,500 per unsolicited call or text message, depending on whether the violation is deemed willful or knowing. textedly.com

Legal Actions: Consumers have the right to file lawsuits against violators, which can lead to substantial financial penalties, especially if multiple violations are involved.

Best Practices for Compliance:

THE HARD WAY

To avoid penalties, real estate professionals should:

Obtain Written Consent: Secure express written consent from consumers before making telemarketing calls or sending text messages.

Scrub Call Lists: Regularly update and cross-reference call lists with the National DNC Registry to ensure compliance.

Maintain Records: Keep detailed time-stamped records of consent and telemarketing activities to demonstrate compliance if challenged.

I’m not a lawyer, but if real estate professionals follow these practices, they ought to mitigate the risk of penalties associated with DNC violations. But wow, what a major time suck and pain.

THE EASY WAY

All of the above sounds like a lot of work, and a broken record for years. So, I know that most real estate professionals WILL NOT (read have not) done it. It’s a risk assessment and not worth the time. However, if the time was cut down by 90%…. Then it would be worth the investment. No?

Enter Jessie. My friend Jessie owns Call Action. He’s an industry icon in the text and phone call space and we’ve had several beverages together over the years. If you have the chance to hang with him, you will relish the opportunity. That is to say, he’s a good dude.

Call Action is built for the real estate industry. It works with FUB, takes the hassle, time, and risk out of DNC compliance, making it effortless for your business. It tags your contacts in FUB so automations will work seamlessly. It’s fast, affordable, lightweight and easy.

Today’s DNC Reality

Look, you may never get caught and fined for violating a DNC request. Like speeding down the freeway, you may think the risk of a fine is worth it. But it’s more than than getting caught and fined. Much more.

Violating peoples DNC request is harming your brand. It’s that you are putting your brand out there, in your market, and irritating the very people you want to work with. You are telling them who is calling (your brand) and those that have asked you not to call … you are creating an issue for yourself.
Avoid generating your own bad press. Don’t cause an issue for yourself.

Secondly, it’s a waste of time and money to dial, or pay for dials to people that don’t want to be called.

Reduce your waste and clean up your database. Remove / flag the DNC people and SAVE yourself time and money and hassle and risk. It’s a win win win situation.

Disclaimer: Jessie is a friend, and we don’t have a financial relationship. Just a product you ought to consider that is focused on clean good data, so you can get more listings with less waste and risk… just like Revaluate.