When a text message implies consent for a call

What "implied consent" means in texting

Implied consent in the context of texting means a recipient's action or inaction suggests they agree to receive further communication, even if they haven't explicitly said "yes." However, for phone calls, the interpretation of implied consent from a text is much stricter.

Generally, simply replying to an unsolicited text doesn't automatically grant you permission to call. The nature of the reply matters significantly.

The difference between implied and express consent

Express consent is clear and unambiguous. For texting, it means the homeowner directly opts in, perhaps by texting a keyword or checking a box. For calls, it means they explicitly state, "You can call me," or provide their phone number in a context where a call is expected.

Implied consent is inferred from behavior. While a text reply might imply consent for further texts, it usually does not meet the high bar for express consent required for telemarketing calls under most regulations. This is not legal advice.

Scenarios where a text *might* imply consent

If a homeowner's text specifically says, "Call me at [phone number]," or "Please call me to discuss," then you likely have express consent for a call. This is a clear invitation.

If a seller replies with a very detailed question about selling his or her property, and the only logical next step is a phone conversation, it might be argued that a call is implied. However, this is a grey area and carries risk. When in doubt, always err on the side of caution.

When to ask for explicit consent for a call

The safest approach is always to ask for explicit consent before making a call. If a homeowner replies to your text with a general question like "What's your offer?" or "How does this work?", respond via text and ask: "Would you like me to call you to discuss this further?"

This simple step converts any potential implied consent into clear, express consent. It protects you from potential compliance issues and shows respect for the homeowner's communication preferences. Always document this consent.

Best practices to avoid compliance issues

Always maintain clear records of how and when you obtained consent. If a homeowner texts back, even if it's just "yes," ensure you have this documented in your system. This record is your defense if a complaint arises.

Respect opt-out requests immediately. If a homeowner texts "STOP" or asks you not to contact him or her, cease all communication through that channel. Period. Promptly add his or her number to your internal do-not-call list.

Remember that regulations can change, and interpretations vary by state and federal bodies. Stay informed about the latest rules for contacting consumers, such as the Telephone Consumer Protection Act (TCPA). This is not legal advice.

This is not legal advice

The information provided in this post is for informational purposes only and does not constitute legal advice. Compliance with telemarketing and texting regulations, such as the TCPA, can be complex and depends on specific facts and circumstances.

You should consult with a qualified legal professional to discuss your particular situation and ensure full compliance with all applicable laws and regulations before engaging in any outreach activities.