Sharing: WASHINGTON – Feb. 18, 2019 –
If automated text messaging is part of a business’ marketing strategy, it could be setting itself up as a target for plaintiff’s lawyers.
A growing number of class action lawsuits claim that automated text messages fall under the restrictions imposed by the Telephone Consumer Protection Act (TCPA), a 1991 law enacted to curb unsolicited sales calls.
“The TCPA prohibits text messages sent using auto dialers without A) consumer consent and ? the ability to opt out,” says Meredith Caruso, associate general counsel for Florida Realtors in a Florida Realtors Legal News article. “Telemarketing texts require a signed consent. Non-telemarketing texts, like an appointment reminder, require prior express consent.”
In the class action lawsuits, lawyers say the marketing texts fall under the TCPA restrictions if they’re sent using auto-dialing technology, and NAR General Counsel Katie Johnson says Realtors should take the threat posed by these lawsuits seriously.
“Because the TCPA defines auto-dialing equipment broadly, it’s likely that your marketing text messages will fall under the TCPA,” she says. Johnson recommends that Realtors get upfront written consent from anyone they send marketing texts to.
“Bottom line: Make sure your brokerage has internal policies and procedures specifically addressing the TCPA, offers training on how to comply and has a process in place for monitoring compliance,” writes Caruso.
For more information on the texting risks under the TCPA, watch NAR’s “Window to the Law” video “TCPA and texting.”
Source: National Association of Realtors®, Robert Freedman
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