Do Not Call List and Texting

[Tahoe Ray]

So your telling me a client you’ve had for 10 yrs you can’t text unless they opted in ? I’d say 99% of agents don’t adhere to these rules . I get 5 unsolicited tests a day . I know why know one answers there phone . I get 20 spoof # calls a day with the same first 3 digits .

Business relationship so you should be good.

Unless your client hates you, then it's never advisable.

 

[Josh]

So your telling me a client you’ve had for 10 yrs you can’t text unless they opted in ? I’d say 99% of agents don’t adhere to these rules .

That is 100% what the TCPA states.

I wouldn't be surprised if very few people comply with the rules, but for anyone wanting to know what the rules are, that is just what the TCPA says; if you don't have explicit permission to contact them via text, you can't do it.

 

[Josh]

Business relationship so you should be good.

TCPA doesn't have an exception for "business relationship". That gives you permission to call, not to text.

 

[Tahoe Ray]

TCPA doesn't have an exception for "business relationship". That gives you permission to call, not to text.

Thought i made that clear with "unless the client hates you" part.

Many prefer text.

Easy fix:

"Can I text you if i need to?"

"Sure"

Done.

 

[theinsuranceman]

That is 100% what the TCPA states.

I wouldn't be surprised if very few people comply with the rules, but for anyone wanting to know what the rules are, that is just what the TCPA says; if you don't have explicit permission to contact them via text, you can't do it.

But it doesn't say written permission. "Implied consent" for the win! In other words, if you text someone trying to contact them with the information they requested (think DM for ex.) and they do not write on the card "no phone calls" or "no texts" then I would think you would be fine.

The fact that they mailed the card in for more info is implied consent that they want you to contact them with the info they're requesting.

Cold calling a list would be different.

 

[theinsuranceman]

Upon further thought, if someone is on the do not call list, and they respond to your advertisement (DM, TV, etc.) you will have 90 days to contact them with no worries.

 

[UKTX]

Under TCPA regulations, “prior express written consent” requires a written agreement, signed by the consumer, that includes among other things the telephone number, that specifically authorizes telemarketing by automatic dialing/texting or prerecorded voice, and that is not required as a condition of purchase.

 

[WinoBlues]

is an email "written"?

Other than a "Hey Joe, it was nice meeting you by phone today. .......... This in my email.... My cell is 555-555-5555 may I use yours to text you also?"

How else are we to get written consent from clients we never put eyes on?

 

[TheAnnuityCOWBOY]

So, the TCPA (a.k.a. "do not call law") is a layered beast.

The Telephone Consumer Protection Act, is specifically for consumers. B2B transactions are exempt, but you should read the fine print of the law and clarify that before you start getting too creative with it.

A business owner cell phone is a great example. I happen to own a business myself! If someone calls my cell phone when the number is listed as a business number, then it is a business call. If, on the other hand, you are trying to reach me while I am at home to sell me home insurance (or some other consumer product), the facts will look a little different.

Cell phones are also fair game to dial "manually", but use of an "Automatic Telephone Dialing System" is where things get hairy. Devil of the details there, is, they basically want to kill cold calling.

Cellphones are absolutely not fair game to dial without permission, manually or otherwise.

Cold calling is dead. Move on or die with it.

 

[Josh]

Cellphones are absolutely not fair game to dial without permission, manually or otherwise.

Cold calling is dead. Move on or die with it.

Sounds like we have a hater.

47 U.S. Code § 227 - Restrictions on use of telephone equipment

Could you kindly point to the part of the law, or any reference on a government website, that says manually dialing cell phone numbers without permission is "absolutely not fair game".

While we're on the topic of cold calling "being dead"...

Over the last roughly 7 years I have been selling data at extremely discounted rates. For example, I sell for $50, about $1,500 worth of data (based on up to 50,000 records for $50). I have better pricing now, but that's probably the "average pricing".

I have displaced about $20 million of list sales to competitors while bringing in about $4 million in sales.

... and I'm nobody.

None of that is meant as a brag piece (though I am proud of myself), my comment is more in relations to your comment "Cold calling is dead. Move on or die with it."

I have customers that have been buying data from me for literally years.

Some of the customers I have literally make millions of calls a month.

What does dead look like?

Further, if anyone is relying on a single source of marketing to generate their income, my advice would be to diversify.

Those are my thoughts, what are yours?