When can I text homeowners with a public record DNC status?

Understanding DNC lists and texting rules

The Federal Communications Commission (FCC) and Federal Trade Commission (FTC) regulate unsolicited calls and texts, primarily through the Telephone Consumer Protection Act (TCPA). This law aims to protect consumers from unwanted communications.

For texting, the rules are often stricter than for voice calls. Sending an unsolicited text message to a number on a DNC list, regardless of how you obtained that number, can be a violation unless an exemption applies.

Public record DNC status vs. consent

Just because a phone number is linked to a property owner in public records does not mean you have permission to text him or her. A public record DNC status means the individual has formally requested not to receive unsolicited calls or texts.

Your access to public records for a property owner does not override his or her right to privacy under DNC regulations. You still need his or her explicit consent to text him or her if he or she is on such a list.

The importance of “prior express written consent”

For marketing or telemarketing text messages, the TCPA generally requires “prior express written consent.” This means the consumer must provide his or her written agreement to receive texts from you.

This consent must be clear and conspicuous, explaining that he or she will receive texts and that consent is not a condition of purchasing goods or services. A simple reply to your text is not sufficient to establish this type of consent.

Transactional vs. marketing texts (not legal advice)

The TCPA distinguishes between “transactional” and “marketing” texts. A transactional text relates to an existing business relationship, like a delivery notification. Your initial outreach texts are almost always considered marketing.

You are not asking about an existing transaction when you initially text a homeowner to ask if he or she is interested in selling his or her house. This type of communication falls under marketing and is therefore subject to DNC rules. This is why you need to be careful with lists that include DNC numbers.

What to do if a lead has a DNC status

If your skip trace or lead provider data indicates a DNC status for a mobile number, the safest approach is to avoid texting that number. Do not assume public record data gives you an exemption. Compliance here is about mitigating risk.

Instead, focus on leads where no DNC flag exists, or where you have verifiable prior express written consent. Remember, compliance protects you from potential legal action, and violating these rules can lead to significant penalties. Always verify your lead sources for DNC adherence.

Disclaimer: This information is for educational purposes only and not legal advice. Consult with a legal professional regarding your specific compliance obligations.