Is Text Consent Needed for an Heir Not on the Deed?

Why is consent important when texting heirs?

Consent is crucial because texting for marketing purposes without it can lead to violations of consumer protection laws, such as the Telephone Consumer Protection Act (TCPA). These laws aim to protect individuals from unwanted communications.

An heir, even one with a strong claim to a property, is still an individual consumer. He or she has the same rights to privacy regarding unsolicited text messages as any other person.

Ignoring consent requirements can result in significant penalties, even if your intentions are to help a motivated seller. It is always better to be safe and compliant.

How does being "not on the deed" affect consent?

If an heir is not yet on the deed, he or she does not legally own the property. This means that any implied consent derived from property ownership (if such consent could hypothetically be argued) does not apply to him or her.

Your text message is then explicitly an unsolicited communication to an individual, increasing the need for express written consent. His or her status as an heir does not bypass this requirement for marketing messages.

Until his or her name is formally on the deed, or he or she has explicitly given you permission, treat him or her as any other consumer requiring consent for marketing outreach.

What constitutes "express written consent" for texting?

Express written consent for texting means the individual has clearly and unambiguously agreed, in writing, to receive text messages from you. This can be through a signed document, an opt-in checkbox on a website, or a clear text message from him or her indicating consent to receive messages.

The consent must be specific to receiving text messages. He or she cannot accidentally opt in; the agreement must be clear and intentional. A general phone number provided for contact purposes may not suffice for text messages.

It is your responsibility to keep records of this consent. If challenged, you must be able to demonstrate that the heir provided you with explicit permission to text him or her.

How do you manage consent when there are multiple heirs?

When dealing with multiple heirs, you generally need to obtain consent from each individual heir you intend to text for marketing purposes. Consent from one heir does not automatically extend to another.

This can complicate outreach, especially if some heirs are difficult to reach or are not on the deed. Your best practice is to confirm each heir's willingness to receive texts before initiating contact.

If one heir opts out, you must respect that request for that specific individual, even if other heirs have given consent.

What are the risks of texting without proper consent?

The primary risk is facing lawsuits for TCPA violations, which can carry statutory damages per violation, ranging from hypothetical hundreds to thousands of dollars. These penalties can quickly accumulate, especially with multiple messages or recipients.

Beyond legal repercussions, texting without consent can damage your reputation. It can lead to negative perceptions of your business and make it harder to build trust with other potential sellers.

You could also be subject to investigations by regulatory bodies. It is simply not worth the risk to cut corners on consent.

What should you do if an heir opts out?

If an heir, whether on the deed or not, sends an opt-out request (e.g., 'STOP', 'unsubscribe', or a clear statement like 'do not text me'), you must immediately cease sending him or her any further text messages.

Record this opt-out request in your system. This helps you maintain compliance and provides a record if there are any future disputes. Do not attempt to re-engage via text once an opt-out is received.

Respecting opt-out requests is not just a legal obligation; it is also a sign of professionalism and respect for the consumer's wishes, which can help your long-term reputation.

Disclaimer

This content is for informational purposes only and does not constitute legal advice. You should consult with a qualified legal professional regarding your specific compliance obligations when contacting homeowners or heirs.