Documenting consent for multiple heirs sharing one phone number

Disclaimer

This article provides general information and is not legal advice. Consult with a qualified attorney for advice tailored to your specific situation.

The challenge of shared phone numbers

Inherited properties often come with complex ownership structures, including multiple heirs who may share contact information, such as a single phone number. When you receive a reply from a text outreach, it might come from this shared number. The challenge arises when you need to confirm that all individuals associated with that number and property have provided consent for communication. One heir's consent does not automatically extend to all others. This makes compliant outreach more complicated than a single-owner property. For general rules on cold outreach, check out /learn/tcpa-and-cold-outreach-basics.

The risk is that if one heir, unknown to you, has not consented or later opts out, your continued communication to that shared number could be considered a violation. This is particularly true if the opt-out request is general, like "stop texting this number," without specifying which individual. You need a robust system to track who has consented and who has not, even within a single phone number.

Individual consent is key

The safest approach is to obtain explicit consent from each individual heir you intend to communicate with, regardless of whether they share a phone number. This means that even if you receive a positive reply from a shared number, your follow-up should aim to identify all parties and get individual confirmations. You could start by asking, "Are you the only owner of this property, or are there other heirs I should be speaking with?" This opens the door to identifying all decision-makers.

Once identified, you need a record of each heir's agreement to be contacted. This can be challenging if heirs are spread across different locations or have varying levels of engagement. However, without individual consent, you expose yourself to higher compliance risks. This process is crucial for managing leads related to properties that might be in pre-foreclosure, where timing and clear communication with all owners are critical, as discussed in /lead-types/pre-foreclosure.

Best practices for obtaining consent

When you get a text reply from a shared number, initiate a conversation that clarifies who you are speaking with. "Thank you for your reply. Just to confirm, are you [Heir's Name A] or are there other owners I should address?" Once you identify all heirs, ask each one for explicit permission to communicate. This could be a text message reply, an email confirmation, or a recorded verbal consent during a phone call. Ensure your request is clear about the type of communication (text, call, email) you will use.

For example, you might ask, "May I add your number to our communication list for this property, and do you also consent to receive texts from us regarding your property at [Address]?" If there are other heirs, specifically ask, "Do you know if [Other Heir's Name] would also be open to receiving texts about the property, or should I avoid contacting him or her via this number?" It is about being transparent and obtaining clear permission from each party involved.

Maintaining clear consent records

A robust customer relationship management (CRM) system or a detailed spreadsheet is essential for tracking individual consent. For each heir, record his or her name, contact method, and the date and method by which consent was obtained. If consent was via text, save a screenshot or copy the message. If it was verbal, note the date and time of the call, and consider recording the call (if legally permissible in your state and disclosed).

For a hypothetical example, suppose you have three heirs, Alice, Bob, and Carol, sharing one phone. You need a separate entry for Alice's consent, Bob's consent, and Carol's consent. If Bob opts out, you mark Bob's status as opt-out but can continue communicating with Alice and Carol, provided their consent is still active. This granular tracking helps you maintain compliance while still pursuing the lead. For more on managing leads, consider /lead-types/tax-delinquent leads which often involve multiple owners.

What if an heir opts out?

If any heir explicitly opts out of communications, immediately cease contact with that individual. If the opt-out comes from a shared phone number and does not specify which heir, you must clarify. Respond immediately with, "Received your opt-out. Can you please confirm if this applies to all communications regarding the property, or just for a specific heir?" If you cannot get clarification, assume the opt-out applies to all communications to that number from all heirs and stop contacting that number. This is the most conservative and compliant approach.

Even if one heir opts out, you may still be able to communicate with other heirs through different, individually consented contact methods, if those exist. However, if they all share one phone number and one opts out, your safest bet is to pause all outreach to that number unless the other heirs explicitly reaffirm their consent. Always prioritize compliance over continuing a lead if there is ambiguity.