When is an heir's verbal consent valid for texting

The challenge of proving verbal consent

The main issue with verbal consent is proof. In the event of a complaint or audit, demonstrating that an heir explicitly agreed to receive text messages is nearly impossible without a clear, contemporaneous record.

Laws around texting, like the TCPA, generally favor documented consent, often preferring 'prior express written consent' for marketing messages. While some initial transactional messages might be permissible with verbal consent, relying solely on it for ongoing communication is risky. This is why understanding /learn/tcpa-and-cold-outreach-basics is so critical.

When verbal consent might be considered, with caveats

Verbal consent might be argued for a very limited, direct, and immediate follow-up to a conversation you just had. For example, if an heir calls you, and during that call he or she says, "Sure, you can text me those details," then a single text with those specific details might be less risky.

However, this is not a blanket authorization for an ongoing text campaign. It does not extend to marketing messages or texts sent days or weeks later. Each text generally requires fresh, clear consent, especially if it's promotional in nature.

Best practice: seek written or explicit digital consent

The safest approach is always to obtain explicit, written, or digitally documented consent from an heir before texting. This could be an email reply, a webform submission, or a text message from the heir that clearly states, "Yes, you can text me."

If you have a phone conversation and get verbal consent, follow up immediately with a text or email confirming that consent: "As we just discussed, I'll text you updates. Reply YES to confirm you'd like to receive these." This creates a clear digital record.

Remember that getting the right contact information is only half the battle; knowing how to use it compliantly is the other. See /learn/what-a-skip-trace-actually-returns for more on data quality.

The heir's probate status and texting

The heir's legal standing also matters. If probate is uninitiated or contested, an heir may not have full legal authority over the property, which can complicate consent. You need to be sure you are communicating with the correct decision-maker, and that he or she has the authority to grant consent.

Always verify who you are speaking with and his or her relationship to the property. This due diligence protects you from legal complications and ensures you are not wasting time on an unviable lead. For more on how to approach these scenarios, consider our guidance on /learn/absentee-owner-leads-explained.

This is not legal advice

The information provided here is for general informational purposes only and does not constitute legal advice. The rules regarding texting and consent, particularly concerning heirs and inherited properties, can be complex and vary by jurisdiction.

Always consult with a qualified legal professional to understand your specific obligations and risks when engaging in communication with potential sellers, especially heirs, to ensure full compliance with all applicable laws and regulations.