Overview
In an effort to comply with TCPA regulations from the FCC, Company Admins may request their Account Manager enable an account-wide setting called "Enforce Opt-In".
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-btPRO generated leads before sending any automated text communication.
Once Enforce Opt-In is activated, leads who have not explicitly accepted the terms & conditions will be unsubscribed from automated text messages. Agents can still send manual texts and other campaign communications (e.g. Search Alerts via email) through btPRO's Smart CRM, but the unsubscribed contact will not receive automated texts.
Frequently Asked Questions
What is the Telephone Consumer Protection Act (TCPA)?
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.
How does the "Enforce Opt-In" setting work?
If a Company Admin requests their btPRO Account Manager to enable the "Enforce Opt-In" setting, btPRO will require "written consent" as specified in the TCPA guidelines.
This means that imported contacts, manually added contacts, and leads forwarded from 3rd party lead sources will NOT have the option to be subscribed to text messages.
The contact will have to first accept a Terms of Use by logging into their account on their agent's website which will automatically opt them into receiving text messages.
This function was created as a preventative measure for increases in spam reporting for text messages.
You are easily able to tell whether or not this setting is currently enabled by logging into btPRO, navigating to the 'Quick Actions' drop-down at the top of your Dashboard, and clicking on "Add Contact".
If you see 'Text' as an option to choose from the "Enable Permission to:" section, the "Enforce Opt-In" setting is NOT enabled on your account.
If you do not see 'Text' as an option to choose from the "Enable Permission to:" section, the "Enforce Opt In" setting IS enabled on your account.
How can my contacts opt into text messages if the setting is enabled?
In order to be subscribed to text messages in btPRO, a contact will need to accept the Terms of Use on your btPRO website.
To do this, they simply go to your website and log into their consumer account by clicking the 'Login' link in the top right corner.
Once at the register/login page they will see the portion of the Terms of Use that specifically refers to receiving calls and texts. Registering/logging in will be viewed as acceptance of those Terms and they will subsequently be opted into receiving calls and texts.
