Calling a seller who has opted out of text messages

Understanding the text message opt-out

When a seller replies 'STOP' or some other opt-out phrase to your text message, he or she is revoking consent for text communication. You must immediately cease texting him or her. Do not send any more texts after this point.

This opt-out is specific to texting. It does not automatically extend to phone calls. However, it indicates a clear preference from the seller not to be contacted in that specific manner. This is important to remember.

The key is to respect the seller's wishes. While you might still have a legitimate business purpose to contact him or her, you need to be careful not to violate broader communication regulations. This is not legal advice, and you should consult with legal counsel for specific guidance related to your business practices.

Checking the Do Not Call (DNC) list

Before placing a call to a seller who opted out of texts, you must check the National Do Not Call Registry. If his or her number is on the DNC list, and you do not have an established business relationship that would create an exemption, you generally cannot call him or her.

An established business relationship typically means he or she bought something from you or inquired about your services in the last 18 months. A reply to a text might establish a limited inquiry, but an opt-out complicates this. It is a gray area you want to be careful with.

Even if his or her number is not on the national list, some states have their own DNC regulations that might be stricter. Always check both federal and state lists, especially if you are operating across state lines. Understanding cold outreach rules is essential, and you can learn more at /learn/tcpa-and-cold-outreach-basics.

The nature of prior express consent

A reply to your text message typically grants 'prior express consent' for texting. However, this consent usually does not automatically extend to phone calls unless the message explicitly stated that a reply might result in a call, or if the seller specifically asked for a call.

If the seller's text reply indicated a desire to sell and included a 'call me' or 'talk more' sentiment, that can be interpreted as an invitation to call. This strengthens your position for making a compliant call.

Without that explicit or implied invitation for a call, you are relying solely on whether his or her number is on the DNC list and if any established business relationship or other exemptions apply. If he or she simply said 'STOP', then the permission is gone for that method.

Best practices for calling after a text opt-out

If you decide to call, be prepared for a potentially cool reception. Start the call by acknowledging the previous text exchange. Say something like, 'Hello, I'm calling because you replied to our text message about your property, but then opted out of texts. I just wanted to see if you're still interested in selling and prefer a phone call.'

Give him or her an easy out. If he or she expresses annoyance or says he or she does not want to be contacted at all, apologize and end the call immediately. Do not push. You are trying to salvage a lead, not alienate a potential seller or risk a complaint.

Document everything in your CRM: the opt-out, your DNC check, and the outcome of the call. This record helps protect you if a complaint is ever filed. Maintaining detailed records is a fundamental part of compliant communication.

For more information on handling seller replies, you can read /learn/how-to-respond-to-a-motivated-seller-text. This can help you navigate these sensitive interactions.

When in doubt, do not call

If you are unsure about whether you have the right to call a seller after he or she opted out of texts, the safest course of action is to refrain from calling. The risks of violating DNC rules or other communication statutes can be substantial.

It is better to lose a single lead than to incur penalties or damage your reputation. Compliance is not just about avoiding fines; it is about building trust with homeowners and operating ethically. For some investors, especially new ones, this caution is paramount. You can find resources for /for/new-investors.

Always err on the side of caution when it comes to communication compliance. Regulations are complex and can vary, so staying informed and conservative in your approach is a smart business practice.

Remember, Speed to Seller provides motivated seller replies, but it is your responsibility to ensure your follow-up methods are compliant with all applicable laws.