The SMS / Text Messaging platform nationwide has been undergoing some major changes lately due to new legislation and then subsequent mandates by the major phone providers. While we're not TCPA attorneys and experts on the matter here at FreedomSoft, we are doing our best to stay current on these changes and what they mean for our family of FreedomSoft users.
Please see below and then refer back to this page where we will be posting on-going updates as the changes occur:
**We're not attorneys here at FreedomSoft but based on our understanding, current law requires that you have prior, written consent / permission to communicate with people via text messaging. Please read the comments below regarding FreedomSoft's stance when it comes to text based communication.
The TRACED Act / TCPA regulate the use of text message marketing. Carriers have been scrambling to comply with the 2019 TRACED Act, and are implementing significant changes to text messaging in the way of requiring business and campaign registration, and new fees.
The TRACED Act also increases TCPA fines for violation, as well as government agency enforcement of the law. We believe these factors add significant risk to using text message marketing for lead generation purposes where the recipient hasn’t opted-in with consent.
While we remain confident that the FreedomSoft Smart Send system is TCPA compliant (when used properly), we also believe that the carrier implementation of the TRACED Act is going to significantly increase the risk of being sued for sending “non-consent” text messages.
Innocence, and the burden of proof rests with the defendant in a lawsuit, which can be extremely expensive. Therefore, we recommend using the FreedomSoft Smart Send system for follow-up text messages to leads that have opted-in with consent and to leads that have publicly listed their numbers. For example Craigslist's postings from people asking to be contacted.
We recommend using FreedomSofts Lead Finder and Skip Trace system with a combination of our built in tools, such as the Click-2-Call Dialer, Direct Mail, and Website system for lead generation.
Use the FreedomSoft Smart Send text messaging system to follow-up with your confirmed opt-in leads.
This regulatory change is sweeping all industries, not just real estate investing.
And, if there’s one thing we know to be true when it comes to investing in real estate (or business in general) that is, the one constant, is constant change.
This will “force you” to grow, change some things in your business, but what we can tell you is that the tools in FreedomSoft are already built to support this shift. Because you’re with FreedomSoft, you don’t need to learn a new system.
We’re well ahead of our competition, and as always, we got your back.