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      What is the One-to-One Consent Rule?

      One-to-one consent requires obtaining explicit permission before sending marketing messages. Let's cover some best practices for staying compliant.

      What is the TCPA One-to-One Consent Rule?

      As an Agent, reaching out to leads and clients is a core part of growing your business. However, under the TCPA, one-to-one consent means that you cannot send marketing communications to a potential client’s mobile phone without their prior express consent. This applies to:

      • Pre-recorded Voicemails to a person’s mobile phone.
      • Text messages sent using automated systems.

      Types of Consent Required

      The type of consent needed depends on the nature of the message you are sending:

      1. Prior Express Consent:

        • Required for informational communications such as calls about property showings, open houses, or client appointments.
        • Example: If a buyer provides their phone number when inquiring about a property, this generally qualifies as prior express consent to receive follow-up informational calls or texts related to that property.

      2. Prior Express Written Consent:

        • Required for any marketing or promotional messages, such as texts or calls promoting a new property listing, an open house, or general real estate services.
        • Consent must be in writing (either electronically or on paper) and must clearly state that the individual agrees to receive autodialed or prerecorded marketing communications from your business directly. This consent cannot be a condition of using your services.

      Key Considerations:

      1. Inform Clients Fully: Whether you're gathering leads online or in person, make sure clients know that by providing their phone number, they may receive marketing or informational messages from you. This is especially important if you use automated messaging.

      2. Written Consent for Marketing: If you plan to send automated text campaigns, you must get prior express written consent. For example, a checkbox on a sign-up form with a clear opt-in statement will suffice.

      3. Specific to the Brand: Consent must be given to the specific brand in question. Opting in with one brand does not imply consent for affiliated brands or other third parties.

      4. Avoid Cold Calling Without Consent: Unsolicited marketing calls may violate TCPA if they are made using an autodialer or prerecorded message without prior consent. 

      5. Do-Not-Call List: Always check if the number you call is on the DNC Registry. Agents must adhere to DNC rules, and violating them can lead to TCPA penalties.

      6. Opt-out Mechanism: Every communication (e.g., text or email) must provide a simple way for the recipient to opt-out. For example, include “Reply STOP to opt-out” in text messages or offer an unsubscribe link in emails.

      Consequences of Non-Compliance with TCPA

      Violations of the TCPA, including failure to obtain the proper one-to-one consent, can result in significant penalties. The penalties include:

      • $500 per violation (for each call or text sent without proper consent).
      • Up to $1,500 per violation for willful or knowing violations.

      Agents can also face lawsuits, including class actions, if many consumers are affected.

      Best Practices for Compliance

      1. Document Consent:
        Keep a record of how and when you obtained consent from clients. Documenting consent can protect you in case of a dispute.
      2. Offer an Easy Opt-out:
        Allow clients to opt out of receiving communications at any time. 
      3. Use Non-Automated Calls for Outreach:
        When in doubt, make sure your calls are made manually. This helps avoid TCPA issues when you haven’t received express consent for marketing calls.
      4. Train Your Team:
        Ensure that any assistants, partners, or third-party marketing teams understand TCPA rules, especially if they conduct outreach on your behalf.

      Staying compliant with the TCPA’s one-to-one consent rule is essential to avoid penalties and maintain trust with potential clients. By understanding these requirements and following best practices, you can effectively market your services while respecting consumer privacy.

      For further guidance, consult the Federal Communications Commission (FCC) or seek legal counsel to ensure your marketing practices fully comply with the TCPA.