How we are staying ahead of Compliance in SMS.
Legal Disclaimer: We are not attorneys and this is not legal advice – we recommend you work with your own attorneys, but you can take comfort knowing that our system has been vetted by multiple top TCPA legal experts.
Lead Sherpa + TCPA-Compliance SMS Laws
Carriers are rolling out “10DLC” (ten-digit long code) restrictions to monitor peer-to-peer (“P2P”) texting platforms like Lead Sherpa, and other app-to-peer (“A2P”) services will be required to follow this new protocol. Each carrier is rolling out its own set of rules which they interpret to be compliant with CTIA guidelines.
These rules include but are not limited to:
- Registration requirements for all campaigns
- A brand verification status
- Message filtering for non-compliant profiles
Using a non-compliant system exposes you to infinite risk – literally! Current penalties allow for a $500 fine per violation. A single non-compliant SMS campaign has the potential to bankrupt your company, and it is now possible to be held PERSONALLY liable for calls and texts that violate the statute.
The ONLY compliant SMS system for real-estate pros.
Built with “always-on” compliance and vetted by top attorneys, Lead Sherpa keeps your safety from litigators a top priority. We stay ahead of industry regulations, guidelines and rules so that you can focus on closing deals.
Other companies claim to be compliant when they are not – ability to send RVM or automated followups render the entire system to be non-compliant. Prove it! Ask for opinion letter written by an attorney who has vetted their system.
Important components of SMS Compliance
The GDPR steps up the standard for disclosures when obtaining consent, as it needs to be “freely given, specific, informed and unambiguous,” with controllers using “clear and plain” legal language that is “clearly distinguishable from other matters”. Controllers will also be required to provide evidence that their processes are compliant and followed in each case.
Essentially, your customer cannot be forced into consent, or be unaware that they are consenting to processing of their personal data. They must also know exactly what they are consenting to and they must be informed in advance of their right to withdraw that consent. Obtaining consent requires a positive indication of agreement – it cannot be inferred from silence, pre-ticked boxes or inactivity. This means that informing the user during the opt-in is becoming more important.
New Rights for Individuals
The regulation also builds in two new rights for data subjects: a “right to be forgotten” that requires controllers to alert downstream recipients of deletion requests and a “right to data portability” that allows data subjects to demand a copy of their data in a common format. These two rights make it easier for users to request that any information stored should be deleted or that information that has been collected should be shared with them.
Data subjects always had a right to request access to their data. But the GDPR enhances these rights. In most cases, you will not be able to charge for processing an access request, unless you can demonstrate that the cost will be excessive. The timescale for processing an access request will also drop to a one month period (but this can be extended a further two months in some circumstances. In certain cases, organizations may refuse to grant an access request, for example where the request is deemed manifestly unfounded or excessive. However, organizations will need to have clear refusal policies and procedures in place, and demonstrate why the request meets these criteria.
If you’re already a Lead Sherpa customer or partner, please contact your customer success manager if you have any further questions.
Learn more about the SMS compliance
TCPA (Telephone Consumer Protection Act) is a set of laws that govern telephone solicitations in the United States.
Yes, Lead Sherpa is compliant. Here’s why:
- You’re not selling anything – you are making a legitimate offer to purchase the recipient’s property.
- Lead Sherpa is NOT an auto-dialer. The software requires human intervention before every single message can be sent.
Make sure to check state laws since they do vary from state to state.
Here are some simple qualifying questions that anyone who is concerned about compliance should ask before choosing a texting solution:
Does the SMS system allow scheduled messaging of any kind? If yes, it is not TCPA compliant.
If the system can send a message without human intervention, it is not TCPA compliant.
Does the SMS system require opt-out language at the end of every message? If not, it is not CTIA compliant.
Can you pay to have the opt-out messaging removed? If yes, it is not CTIA compliant.
Does the SMS system require sender identification in the first message? If not, it is not CTIA compliant.
Does the SMS system require 10DLC Brand and Campaign registration? If not, it is not CTIA compliant.
Good news: we've enhanced the Lead Sherpa platform to keep you in compliance with recent industry changes.
Watch 10 min platform demo to see how we are keeping REIs like you compliant.
SMS Compliance Guide
Read our always-up-to-date guide on the state of SMS in real estate, including new CTIA standards being implemented by telecommunication carriers.
Evaluating Compliant SMS Software
This checklist will help you to determine if texting is compliant with your use case.
Recent SMS Compliance Changes
Read about recent SMS regulations to make sure you are staying compliant.