Are you sending Illegal Robo Texts?
With Juana Watkins
TRT: 4:15
Transcription

Juana Watkins Directly addresses camera:  Can you imagine conducting business without sending group text messages? You may need to.
Many of you use text messages on a daily basis. It is one of the most efficient and effective ways to reach potential and current customers, and fellow Realtors. Did you know that by sending some of those text messages, you may be violating federal law? Some Florida law firms are well aware of the law and are building a profitable business suing Realtors and real estate firms. 
Using a telephone as a part of your business involves compliance with state and federal laws. This video focuses on the Telephone Consumer Protection Act, or the TCPA, a federal law that regulates text messaging using automated telephone dialing technology, often referred to as auto dialers. These auto dialers allow you to text large numbers of people with the click of a button. This law does NOT apply to text messages sent directly from your cell phone to the cell phone of another person.
So what does this look like in your business?
If you are like most Realtors, you collect and record cell phone numbers from lead generators, business cards, open houses, and other sources.
You return to your office and enter these cell phone numbers into your customer relationship management software, or other tools for managing contacts. When the time comes for you to communicate with customers, fellow Realtors or other industry professionals, a few key strokes on your computer enables you to send a text message to potentially every wireless number in your CRM.
Before you hit the send button, know that the TCPA requires you to have received consent from every recipient when sending text messages via an auto dialer. If the text message is considered a telemarketing text message, meaning the message is designed to solicit business, or encourage the sale or lease of property, or otherwise promote your services, you must have received the express, WRITTEN consent of the recipient prior to sending the text message. This includes messages to fellow Realtors as a recruiting effort, or even offers to cooperate, such as an offer of compensation. Yes, even offers of compensation to fellow Realtors can result in a lawsuit if that offer is sent by auto dialer without the required consent. 

The TCPA also requires that consent must have been given to you in a clear, conspicuous manner. And you must give recipients of these text messages the ability to OPT OUT, meaning to revoke consent in a reasonable, non-burdensome manner. Often the text messages contain language allowing the recipient to reply “STOP” or “UNSUBSCRIBE” to revoke consent. When that reply is received, you must IMMEDIATELY comply by ensuring that the cell phone number will no longer receive text messages using auto dialer software. Make sure you document your compliance with the OPT OUT request.
While texting using auto dialers may be easy, it could result in an easy pay day for attorneys. Violations of the TCPA can result in a lawsuit with a penalty of 15 hundred dollars per text message sent to a recipient who did not give consent. 
Texting, when done correctly can be a useful tool in business. Just make sure you follow the requirements of the TCPA.