Do Not Call List Management for Real Estate Voice AI

Navigating the Do Not Call Minefield: Voice AI Compliance for Real Estate

In the fast-paced world of real estate, leveraging the power of Voice AI agents to connect with potential clients is becoming increasingly common. However, this powerful technology comes with significant regulatory responsibilities. Failing to adhere to Do Not Call (DNC) regulations can result in hefty penalties, putting your business at serious financial risk. TCPA violations can cost between $500 and $1,500 per illegal call, and settlements can quickly reach millions. This article provides a comprehensive guide to navigating the DNC landscape and ensuring your real estate Voice AI campaigns remain compliant.

Understanding the Regulatory Landscape

Several key regulations govern telemarketing and unsolicited calls, all of which apply to Voice AI:

• National DNC Registry (FTC): A national database of phone numbers that telemarketers must scrub against.

• Telephone Consumer Protection Act (TCPA): Federal law restricting telemarketing calls, auto-dialed calls, and SMS text messages.

• FCC Regulations: The Federal Communications Commission (FCC) enforces TCPA and sets specific rules for telemarketing.

• State-Specific DNC Lists: Many states maintain their own DNC lists, which require separate scrubbing.

• Real Estate Exemptions: Limited exemptions exist, primarily around Established Business Relationships (EBR) and Prior Express Consent.

Voice AI Compliance: Key Requirements

To stay compliant, your Voice AI system must adhere to strict protocols:

List Scrubbing

• Scrub against the National DNC Registry at least every 31 days.

• Check state-specific DNC registries relevant to your target markets.

• Maintain and honor your own company-specific DNC list.

• Implement real-time verification against all DNC lists before each call is placed.

Consent Management

• Document all instances of prior express written consent.

• Track the timestamp and method of consent (e.g., website form, signed document).

• Store consent records for a minimum of four years.

• Associate consent records with specific phone numbers.

Opt-Out Mechanisms

• Provide clear and conspicuous opt-out instructions in every call.

• Process opt-out requests within 30 days.

• Maintain an internal suppression list of numbers that have opted out.

• Honor both verbal and written opt-out requests.

Call Identification

• Ensure accurate Caller ID display with a valid and working callback number.

• Clearly identify the caller and the purpose of the call at the beginning of the conversation.

• Avoid any form of Caller ID spoofing.

Automating Compliance with Voice AI

Voice AI platforms can automate many DNC compliance tasks:

• Automatic List Scrubbing: Integration with DNC registry APIs for automated scrubbing.

• Real-Time Consent Checking: Verification of consent status before dialing any number.

• Instant Opt-Out Processing: Immediate addition of numbers to internal suppression lists upon request.

• Call Time Restrictions: Enforcement of permissible calling hours (typically 8 am to 9 pm local time).

• Automated Record-Keeping: Comprehensive logging of calls, consent records, and opt-out requests.

The Established Business Relationship (EBR) Exemption

The EBR exemption allows calls to be made to consumers with whom you have an established business relationship, but this exemption is limited and requires careful management:

• 18-Month Window: An EBR generally exists for 18 months following a transaction.

• 3-Month Inquiry Exemption: A 3-month exemption may apply after an inquiry from the consumer.

• Proper Documentation: Maintain records of the transaction or inquiry that establishes the EBR.

• Exemptions Don't Always Apply: The EBR exemption does not override a consumer's explicit request to be placed on a DNC list.

Consent Best Practices: A Proactive Approach

Don't rely solely on EBR. Obtaining explicit consent is the safest approach:

• Clear Written Consent: Always strive for written consent, such as through a website form.

• Specific Language: Use explicit language like "I agree to receive calls from [Your Company]."

• Separate Consent: Obtain separate consent for different communication purposes (e.g., property updates vs. general marketing).

• Mobile Phone Consent: Be particularly diligent with consent for calls to mobile phones, as TCPA requirements are stricter.

Documentation and Record-Keeping: Your Compliance Shield

Thorough documentation is crucial for demonstrating compliance:

• Call logs with accurate timestamps.

• Copies of all consent forms and details of how consent was obtained.

• Records of all opt-out requests and their resolution.

• Logs demonstrating regular scrubbing against DNC lists.

• A comprehensive audit trail of all DNC-related activities.

Scenario Examples: Navigating Common Situations

• Website Leads: Ensure your website form includes a clear consent checkbox with appropriate legal language.

• Purchased Lead Lists: Exercise extreme caution; verify consent is properly obtained before calling. These are very high-risk.

• Past Clients: EBR may apply, but it's best practice to re-confirm their consent.

• FSBOs (For Sale By Owner): Require explicit consent before contacting them, even if their number is publicly listed.

Implementation Checklist and Ongoing Monitoring

To maintain continuous compliance:

• Implement a DNC compliance policy and train all staff.

• Designate a compliance officer responsible for overseeing DNC adherence.

• Regularly review and update your DNC policies and procedures.

• Conduct periodic audits of your Voice AI system and records.

Mitigating Risk and Finding Compliance Resources

Take proactive steps to minimize risk:

• Consult with legal counsel specializing in TCPA and telemarketing law.

• Utilize reputable DNC compliance services and software.

• Stay updated on the latest regulatory changes and best practices.

• Document everything, and be prepared for potential audits.

By understanding the complexities of DNC regulations and implementing robust compliance measures, you can leverage the power of Voice AI in real estate while avoiding costly penalties and protecting your business's reputation.