The FCC's new TCPA rules require companies to obtain explicit, individual consent before calling or texting leads using automated systems. The RG platform will update registration forms to reference company names & offer an opt-in for lender contact.
What's in this article:
- New rules in effect on 1/27/2025
- What's changing with the Real Geeks platform?
- What do I need to do?
- FAQs
What is TCPA?
TCPA is a set of rules that explain how you can interact with leads via calling and texting. The Real Geeks platform comes out of the box with features to help you meet TPCA regulations: i.e. collect express written consent, provide necessary disclosures, and automatically respect opt-outs of communications sent through the platform
You should be familiar with these rules and consult your own legal counsel for compliance questions.
TCPA Regulations change on January 27, 2025?
In an effort to increase consumer protection against spam, TCPA regulations are changing on Jan 27, 2025. The most significant change is the one-to-one consent requirement.
Each company must now obtain individual consent to robocall or robotext a lead. Broad consent that includes multiple entities or 'partner companies' is no longer compliant. If your Real Geeks platform represents multiple companies, this applies to you.
Leads signing up on your Real Geeks site are consenting to receive contact from only your company (or people calling on behalf of your company). If you work with a lender in Real Geeks, we are adding a call-to-action for registered leads to opt in for lender contact. If you work with other companies, each will need to get consent to contact the lead separately outside of the Real Geeks system.
Second, the national Do-Not-Call (DNC) registry now applies to both text messages and calling. You must have express written consent to call or text leads, for example by inquiring on a Real Geeks website. You can review all changes from the FCC here.
What specifically is changing in the Real Geeks platform?
Registration forms on your website will now reference your company's name instead of the URL name of the website. Additionally, we will be making minor updates to the privacy policy for leads. Below is an sample of what this might look like:
Customers with a lender partner will have an optional feature to ask leads if they are interested in financing information immediately after registration. Below is an example of what this might look like:
What do I need to do?
The company name change will be rolled out automatically on Jan 27th, so please review your website to ensure your company name is correct. Not correct? The site owner will need to log into accounts.realgeeks.com and update the company name.
If you're working with a lender and want to make sure they have the appropriate opt-in to contact leads generated on your website, submit your request at https://support.realgeeks.com/kb-tickets/new and we'll make sure this feature is activated for you.
In general, it’s your responsibility to ensure that your marketing campaigns comply with these new FCC rules. We recommend consulting with your lender and legal counsel to make sure you meet all necessary legal requirements, or if you have any questions around compliance an regulations.
FAQs
What is TCPA?
The Telephone Consumer Protection Act regulates how you can call or text leads, requiring express written consent for marketing calls and texts if using automated voice/texting. We recommend being familiar with these rules. Here is a link to find out more info: https://www.nar.realtor/videos/window-to-the-law/updated-guidance-tcpa-compliance
What is DNC?
The National Do Not Call list is a registry of people who don’t want unsolicited calls from businesses. You must get express written consent to call or text leads, leads generated on your website provide consent when registering. More information about DNC rules can be found here: https://www.ftc.gov/business-guidance/resources/qa-telemarketers-sellers-about-dnc-provisions-tsr-0. Some states also have their own DNC lists that you may need to be aware of.
What is changing on Jan 27th with TCPA?
TCPA regulations are changing on Jan 27, 2025. Most importantly, the one-to-one consent requirement. Each company must now obtain individual consent to call or text a lead. General consents that include multiple entities or 'partner companies' are no longer compliant. If your Real Geek's platform represents multiple companies, this applies to you.
Leads signing up on your realgeeks site are consenting to receive contact from only your company (or people calling on behalf of your company). If you work with a lender on real geeks, we are adding a call to action for registered leads to opt in for lender contact. If you work with other companies, each will need to get consent to contact the lead separately outside of the real geeks system.
Second, the national Do-Not-Call (DNC) registry now applies to both text messages and calling. You must have express written consent to call or text leads. Consent can be given, for example, by inquiring on a Real Geeks website.
To read more visit: https://docs.fcc.gov/public/attachments/DOC-408396A1.pdf
Can my lender call leads generated on my site prior to January 27th?
Only if they have consent from the leads to be contacted.
Can other users on my CRM text?
When a lead inquires on a Real Geeks website, they can give consent to your company to call or text them. Consent covers users calling on behalf of your company.
Can my ISA call my leads?
Yes, if you ISA is calling on your behalf and follow follow TCPA and DNC rules.
What about Canada?
Changes being made to Real Geeks websites apply to all clients, including Canadian clients.
Canada has its own rules (like CASL and DNC) that must be followed when contacting leads there. Canadian companies are required to follow US laws if doing business with US citizens.
How do I know if someone is on the DNC?
Check the national DNC registry and the DNC registry in your state (where applicable). You can use tools in your CRM to flag these contacts as DNC.
Can I call or text someone on the DNC list?
Yes, if a lead registers on your site, inquires or if you have an existing business relationship with a customer, you can call or text them. Source: https://www.ftc.gov/business-guidance/resources/qa-telemarketers-sellers-about-dnc-provisions-tsr-0
How long am I allowed to call or text someone on the DNC after they sign up?
Yes, if a lead registers on your site, inquires or if you have an existing business relationship with a customer, you can call or text them. You can call them for up to 3 months after an inquiry. If you have an established business relationship, this extends to 18 months. Source: https://www.ftc.gov/business-guidance/resources/qa-telemarketers-sellers-about-dnc-provisions-tsr-0
What’s changing on my website?
Registration forms on your website will now reference your company's name vs the name of the website. Additionally, we will be making minor updates to the privacy policy for leads.
For those with a lender partner, we will be adding a feature to prompt users to inquire about financing info.
How do I change my company name?
If you are the owner of the website, go to accounts.realgeeks.com and edit the company name. Contact us with any questions.
What company name should I use on my website?
If you’re a registered business owner, use the name of your business. If you’re unsure what company name to use, check with your broker or legal counsel.
Does this apply to calls or texts I do from my cell phone, or just the RG CRM?
TCPA and DNC rules apply to all calls and texts. If you are marketing and calling on behalf of your business this may include from your cell phone.
What about imported leads?
Ensure you have proper consent before you call or text any lead.
What are the penalties?
Violations of TCPA or DNC rules can lead to hefty fines — up to $500 per violation or more for willful violations. Fees are uncapped for TCPA violations. For Canada, fines up to $10M CAD for business may apply.