While all the following features live in CINC, your own legal counsel will give you the best advice for your specific situation. As much as we'd love to help answer legal questions, we'll stick to what we know best: Lead Gen and the CINC Platform.
In recent years we’ve seen an increase in class actions affect multiple companies in real estate with violations to consent to communicate legislation. As a result of increased litigation around gaining consent to communicate, CINC has created more tools to help you stay compliant. On this page we’ll dive into the new features and functionality as well as answer some of your questions about how that functionality works.
First, what legislation exists that focuses on consent to communicate? TCPA is the United States focused law and CASL is the Canadian focused law. Both of these revolve around gaining proper consent prior to communicating with a lead. They also have some teeth to them. For example, if you violate TCPA you can be fined up to $1500 per text. The fines for CASL are even higher. So not staying compliant could have a real impact on your business.
Here’s a summary of two key areas to be aware of in both TCPA & CASL.
- Consent - You must have consent to communicate to the lead and it must be clear & conspicuous. Not all consents are created equal.
- Automated Communication - You cannot use any automated/marketing sms without a record of the above type of consent.
To help you with compliance in regard to this important legislation and avoid potential fines, we have implemented the below feature changes.
- Automated dialer and texting upgrades - Unverified leads that have not provided proper consent are automatically excluded from mass texts and drip campaign steps that are texts. They can be included on dialer campaigns. The campaign will simply pause before automatically dialing the lead in the cue. The CINC User will need to press "resume" to continue dialing the unverified lead.
Frequently Asked Questions
What are the two types of leads?
- Individual texts
- All email
Will this affect my CINC leads?
No, CINC leads have provided proper consent. Leads that this will affect are imported, 3rd party, or manual leads.
Which 3rd party leads are 'verified'?
At this time Zillow, Realtor.com, Trulia, and Homes.com are verified sources. We are continually evaluating other sources to add to the verified list.
There will also be an exclamation icon next to the leads name if they haven’t agreed to the terms & conditions for your specific site.
What happens if I try to send a mass text to leads who haven’t agreed to terms?
What happens if I have a drip campaign setup with texts in it and I assign a lead to it that hasn’t agreed to terms?
The messages that are texts will be skipped at the time they’d normally send. To receive automated texts the leads must agree to terms on your CINC site. Drip campaigns skipping because of this will have an orange drop and hover text explaining why.
These leads will now be included on your dialer campaign. The dialer will pause once it reaches the unverified lead in the call cue. The CINC User will simply press "resume" on the campaign to initiate the call with the unverified lead and the call campaign will continue.
How can I request a lead to agree to terms?
If a lead replies ‘STOP’ to a text, how can they be resubscribed to text?
The lead can reply ‘START’ or send an email with the ‘CHANGE_SETTINGS_LINK’ dynamic tag. This tag will auto-login the lead to their communication preferences and they can adjust their texting preferences there.