For brokers looking to market and grow their business, a new U.S. Supreme Court decision is in their favor.
Under the Telephone Consumer Protection Act, phones with the capacity to store or dial numbers using a random or sequential number generation cannot be used for marketing purposes. However, brokers may use their cell phones to make marketing calls and send marketing texts, if the cell phone does not have an app that will automate the dialing system.
There are exceptions to this. If someone is on the “Do Not Call” list, marketers can contact that number only in limited circumstances. Also, if an agent has a contract with a third-party vendor, they could be held responsible if that vendor engages in these illegal tactics.
“This is an important ruling for real estate professionals looking for ways to grow their business since it eliminates a handful of restrictive federal court holdings suggesting that any marketing call using a cellular phone required prior express written consent of the person being called,” said Jon Waclawski, senior political compliance counsel and director of legal affairs with the National Association of Realtors, in a press release.