How to Confirm Implied Consent from a Text Message

What constitutes implied consent in texting

Implied consent in text messaging typically means that a recipient has taken an action that suggests he or she is open to receiving further communication. This differs from explicit consent, which is a clear 'yes' or checking a box.

For example, if you send an initial text asking 'Are you interested in selling your house?' and the owner replies 'How much will you offer?', that response implies a willingness to engage.

He or she is not explicitly saying 'I consent to receive texts,' but the nature of the reply indicates an invitation for further discussion via text. This engagement is a form of implied consent.

It is important to remember that this is not legal advice. Always consult with a legal professional regarding your specific compliance needs.

Recognizing a reply that implies consent

A reply that implies consent usually moves the conversation forward or asks a direct question related to your outreach. Look for responses that indicate an owner's curiosity or interest in your proposition.

Examples include 'Tell me more,' 'What’s your offer?' 'When can we talk?' or 'What do you need to know about the property?' These are direct invitations to continue the dialogue.

Conversely, a reply like 'Who is this?' or 'Stop texting me' does not imply consent and, in fact, indicates the opposite. Always honor opt-out requests immediately.

Understanding the basics of cold outreach rules every investor should know about can help you recognize these nuances.

The importance of re-confirming consent

Even with implied consent, it is a best practice to re-confirm willingness to communicate via text at an early stage. This strengthens your compliance position and clarifies the seller's preferences.

You might send a follow-up message like, 'Thanks for your reply. Are you okay with us continuing this conversation via text, or would you prefer a call?' This simple question gives the owner an easy out or a clear confirmation.

This step is particularly important if you plan to send multiple texts over time. It shifts the consent from implied to explicit for future communications.

This approach builds trust and ensures you are respecting the owner's communication preferences. It is also good practice for how to respond when a seller texts back.

Documenting consent for your records

Regardless of whether consent is implied or explicit, you should maintain clear records of all text message interactions. Your communication system should log every message sent and received.

This documentation serves as proof of consent if it is ever challenged. It shows a clear history of engagement and how the owner responded to your outreach.

If you re-confirm consent, make sure that explicit agreement is also clearly logged. This provides the strongest possible evidence of compliance.

This is not legal advice. Always consult with a legal professional about what documentation he or she recommends for your specific business.

Distinguishing implied consent from ambiguous replies

Not every reply that is not an opt-out constitutes implied consent. A reply like 'Ok' or a single emoji might be ambiguous. In such cases, it is safer to treat it as requiring further clarification.

If a reply is truly vague, your re-confirmation message becomes even more critical. You need to ensure the owner genuinely wants to continue the conversation before sending more texts.

Always err on the side of caution. If you are unsure whether consent is implied, seek a clearer signal or switch to a different communication method, like a phone call, if you have a number.

This attention to detail helps you manage your leads effectively and distinguish between cold calling vs leads that already replied.

When to consider an opt-out

Any message from an owner that explicitly or implicitly requests a stop to communication, such as 'Stop,' 'No thanks,' or 'Don't contact me again,' must be honored immediately.

Even if you had prior implied consent, an opt-out request overrides it. Remove the owner from your texting list immediately and confirm that he or she will not receive further texts.

Failing to honor opt-out requests can lead to significant compliance issues. Maintaining a clear record of these requests is as important as documenting consent.