How to handle a wrong name in text reply for DNC lists

Confirming identity with mismatched names

Sometimes you will get a text reply from a homeowner who identifies himself or herself with a name different from what you have on file. This could be a spouse, another owner, a family member, or even a tenant. Your first step is to gently confirm if the person you are communicating with is indeed the property owner, or has the authority to act on the owner's behalf.

You can ask, 'Are you the owner of 123 Main Street?' or 'Are you the person I should be speaking with about the property at 123 Main Street?' Be clear about which property you are referring to. The goal is to establish who you are actually communicating with for compliance purposes. This is not legal advice, but general guidance for managing communication.

If the person states he or she is not the owner, ask if he or she can direct you to the owner, or if he or she has the owner's permission to discuss the property. If he or she asks to be placed on a do not contact list, you must honor that request immediately for the number used. This applies whether he or she is the owner or not. It is generally best practice to stop texting that number regardless of who replied.

Documenting the opt-out request

Once an opt-out request is made, whether explicitly or by implication (e.g., 'stop texting me'), you need to document it. Record the phone number, the date and time of the request, and the specific wording used by the person. This creates an audit trail that shows you are taking proactive steps to comply with communication regulations. Even if the name given is 'wrong', the phone number is now tied to an opt-out.

Good record-keeping is your defense if questions about your outreach ever arise. A robust customer relationship management (CRM) system or even a detailed spreadsheet can help you track these interactions. This applies to all communication channels, not just text messages. You should have a clear process for immediately updating your records.

Applying the DNC to relevant numbers

If the person opts out and clarifies he or she is the owner, or a decision-maker for the owner, then you should apply that DNC request to all contact methods you have for that specific individual and property. This means if you have other phone numbers or email addresses associated with that name or property, you should suppress those too. This is a conservative approach to compliance.

However, if the person who opts out states he or she is *not* the owner and is *not* a decision-maker, your DNC applies only to the specific communication channel he or she used to opt out (e.g., that phone number). You may still be able to reach out to the actual owner via other, different contact methods you have, assuming those methods have not also been opted out. Always verify property ownership against public records.

What if you have multiple numbers for that address?

Suppose your skip trace returned several phone numbers for a single property address, and one of them replies with a DNC request but a wrong name. You must first comply with the DNC for that specific number. After that, you need to assess the other numbers. Are they associated with the same individual who just opted out, perhaps an older number?

If the other numbers belong to different, confirmed owners or decision-makers for that property, you generally can continue outreach to those other, distinct contacts. However, if there's any ambiguity or a strong likelihood the other numbers are also for the person who opted out, err on the side of caution and apply the DNC broadly. It is better to miss a potential lead than to violate communication rules. Your goal is always to avoid contacting someone who has explicitly told you not to.

When to re-engage an updated contact

If you have a DNC request on file and later obtain updated information that indicates a *different* owner or decision-maker for the property, or if the original owner actively re-engages you through a new, unsolicited communication, then you might consider re-engaging. For example, if the previous owner sold the property and a new owner texts you first, that's a new interaction.

However, you should never initiate contact with a number that has opted out, even if you think the situation has changed. The burden of re-initiating contact after a DNC rests with the person who previously opted out. This guidance is for informational purposes only and is not legal advice. Always consult with legal counsel regarding specific compliance questions to ensure you are operating within federal and state laws.

Always not legal advice

The information provided in this post is for educational and informational purposes only, and does not constitute legal advice. Communication compliance regulations, like the Telephone Consumer Protection Act (TCPA) and various state-specific laws, are complex and constantly evolving. Each investor's situation is unique, and the interpretation and application of these laws can vary. You should always consult with a qualified legal professional for advice regarding your specific circumstances. Relying solely on general guidance found online can expose you to unnecessary risk. Your compliance program should be regularly reviewed and updated based on professional legal counsel. For more information on general outreach rules, see our post on /learn/tcpa-and-cold-outreach-basics.