Texting multiple heirs without individual consent

The basics of text message consent

Generally, for unsolicited commercial text messages, the Telephone Consumer Protection Act (TCPA) requires prior express written consent. This means the recipient must explicitly agree to receive texts from you. Without this, you risk violating federal regulations.

However, if a homeowner texts you first, that initial text can often be interpreted as consent to communicate with him or her via text regarding that specific inquiry. The challenge arises when multiple individuals are involved, such as in an inherited property scenario.

When one heir replies or consents

Suppose one heir replies to your initial text message about an inherited property. This reply typically grants you consent to continue texting that specific heir. He or she has initiated or responded to your communication.

However, that single heir's consent does not automatically extend to other heirs, even if they co-own the property. Each individual generally needs to provide his or her own consent to receive text messages from you. Communicating with one heir does not give you a blanket permission for the entire family.

Rules around contacting other heirs

If you have contact information for other heirs who have not replied or provided consent, directly texting them without their individual permission carries risk. The best practice is to obtain separate consent from each heir before sending them unsolicited texts.

Without individual consent, you could explore alternative communication methods like direct mail or, if applicable laws permit, calling. Always remember that calling also has its own set of rules, including DNC list considerations. This is not legal advice, and you should always consult with a legal professional familiar with your jurisdiction's laws.

How to obtain consent from multiple heirs

One effective way to obtain consent from other heirs is to ask the initially responsive heir to introduce you or to provide contact information for the others, confirming he or she has their permission for you to reach out. This can help establish a connection with implicit permission.

You could also send a single, very carefully worded initial text to each additional heir, explicitly stating who you are, how you got his or her number (e.g., "from public records as a co-owner of [property address]"), and asking for permission to discuss the property. Make it clear he or she can opt out. This is a higher-risk approach and should be carefully considered with legal counsel. For more on cold outreach rules, see /learn/tcpa-and-cold-outreach-basics.

Managing opt-out requests from multiple heirs

If any heir requests to opt out of your text messages, you must honor that request immediately for that specific individual. Keep clear records of all opt-out requests, including the date and the specific number.

An opt-out from one heir does not necessarily mean you must stop communicating with other heirs who have not opted out, assuming you have proper consent for those others. However, it often signals a general family sentiment, and proceeding aggressively might be counterproductive to building rapport. For guidance on responding to a seller's text, refer to /learn/how-to-respond-to-a-motivated-seller-text.

Disclaimer: not legal advice

The information provided here is for informational purposes only and does not constitute legal advice. Compliance with TCPA and other communication laws is complex and varies by jurisdiction. You should consult with a qualified legal professional to ensure your communication practices are fully compliant with all applicable federal, state, and local laws. Every situation is unique, and specific legal guidance is essential.