There have been an increasing amount of lawsuits targeting real estate organizations for violating the TCPA, which was passed in 1991. Arguments center around whether or not marketing texts using automated technology fall under the Telephone Consumer Protection Act (TCPA) restrictions.

To ensure TCPA compliance, Inside Real Estate is creating a second layer of acceptance of terms & conditions for all non-BoldTrail generated leads before sending any automated text communication.

To ensure all websites remain compliant with TCPA guidelines, opt-in checkboxes will appear in any location on your Agent websites where a phone number is collected:

These checkboxes are critical safeguards against significant fines and potential litigation that could arise if proper consent is not captured, ensuring that your customers are fully aware of, and consent to being contacted.

Additionally, the language and privacy policies displayed on your sites clarifies the capturing of consent and use of consumer information, aligning with TCPA requirements.

To enable the checkbox for your website, select Web and IDX from the left-hand menu. In Website Settings, search for "Enable TCPA Consent" to find the toggle.

Enable TCPA Consent Checkbox - This checkbox is toggled on locked for all accounts, enabling the TCPA Opt-In checkbox and consent language for all fields requiring a phone number on your website.

Default TCPA Consent Box to be Checked - If toggled on, this will automatically check the consent box when a lead lands on a form that captures a phone number. The ability to toggle this checkbox on or off is at the discretion of your Company Administrator. Please contact your Administrator should you have any questions.

The opt-in box will be reflected on any US-based Agent, Team, Office, or Company website.

Yes! You will still be able to communicate with your leads through the CRM as usual.

If the lead did not mark the opt-in checkbox, then they will come into the CRM unsubscribed to text messages. A note will be added to the contact timeline indicating that the contact did not mark the opt-in check box at the time of registration on the website.
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You may still override the unsubscribed status, but please note that you do so at your own risk with the knowledge that the lead did not opt-in.

There is no impact to imported leads - the checkbox only refers to leads newly captured on websites.

There will be no changes for existing leads already in your CRM.

The TCPA is defined by the Federal Communications Commission on their website which says:

"In an effort to address a growing number of telephone marketing calls, Congress enacted in 1991 the Telephone Consumer Protection Act (TCPA). The TCPA restricts the making of telemarketing calls and the use of automatic telephone dialing systems and artificial or prerecorded voice messages."

In 2012, the FCC expanded the Act to also include SMS and MMS (text) messages.

Disclaimer: Please note that this article is for informational purposes only and is neither intended as nor should be substituted for consultation with appropriate legal counsel and/or your brokerage's regulatory compliance team.

The configuration settings of this tool have been determined by your Company Administrator - please reach out to them directly with your feedback.

Will the opt-in box be reflected in agent websites, or account- level websites as well? The opt-in box will be reflected on any US-based Agent, Team, Office, or Company website.

Yes! You will still be able to communicate with your leads through the CRM as usual. If the lead did not mark the opt-in checkbox, then they will come into the CRM unsubscribed to text messages. A note will be added to the contact timeline indicating that the contact did not mark the opt-in check box at the time of registration on the website. You may still override the unsubscribed status, but please note that you do so at your own risk with the knowledge that the lead did not opt-in.

There will be no changes for existing leads already in your CRM.

Have more questions? Please reach out to Customer Support via the blue chat bubble to the right or by emailing support@insiderealestate.com!