Before calling or texting leads, get written consent first. Using automated dialing, texts, or AI voices without it exposes you to $500 to $1,500 per call in fines. Keep consent records for five years to protect yourself.
In order to use regulated technology in contacting your lead sources with marketing or advertising promotional material, if you're using automated telephone dialing, if you're sending automated texts or prerecorded messages, or using AI-generated voices when your phone system is calling out, you're subject to this prior express written consent rule, and you want to make sure that you are getting the appropriate prior express written consent. Now, if you're manually dialing people, you shouldn't fall within that. But again, it's probably best just to make sure that you have the appropriate consent at all times and that you're holding on to those records internally for at least 5 years. Now, the other side of it is the do not call list. And this is really where a lot of people can get into trouble. There are a couple of types of consent that you need to get. And if you call somebody's phone number who is on the do not call list and you don't have the appropriate consent, you now open yourself up to potential liability. And on both sides of this statute, whether it's the prior express written consent or the Do Not Call side, there's pretty steep penalties that can come into play here. It's really ugly. On the Do Not Call side, every violation is a $500 penalty that can be trebled, meaning it can be 3 times that. And when I say every violation, I don't mean you call a person and your calls to that one person are one violation. Every call to that person is a violation. So a lot of call centers are generating 20 calls a month to somebody. Every single one of those is a violation subject to penalties of up to $1,500.
