ClientPro is committed to full compliance with the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227, and all related FCC regulations. As a platform that sends automated text messages on behalf of real estate professionals, we take our regulatory responsibilities seriously and build compliance into every layer of our Service.
This page outlines how ClientPro helps you stay compliant, what your responsibilities are as a user, and the safeguards we have in place to protect both you and your clients.
1. What Is the TCPA?
The Telephone Consumer Protection Act (TCPA) is a federal law that regulates telemarketing calls, auto-dialed calls, pre-recorded calls, and text messages to consumers. The TCPA requires businesses to obtain proper consent before sending automated text messages, honor opt-out requests, and follow specific rules about when and how messages can be sent.
Violations of the TCPA can result in statutory damages of $500 to $1,500 per unsolicited message. ClientPro is designed to help you avoid these violations by building compliance into the messaging workflow.
2. Consent Requirements
The TCPA requires prior express written consent before sending automated text messages. As a ClientPro user, you are responsible for obtaining and documenting this consent before adding any contact to the platform.
What Qualifies as Proper Consent
- Written Agreement: The contact must have signed a written agreement (physical or electronic) that clearly authorizes you to send them automated text messages. This can be part of a closing document, client intake form, or standalone consent form.
- Clear Disclosure: The consent form must clearly state that the consumer agrees to receive automated text messages at the phone number provided, and must identify you (or your brokerage) as the sender.
- Voluntary: Consent cannot be a condition of purchasing property or receiving services. It must be freely given.
- Revocable: The consumer must be informed that they can revoke consent at any time.
Existing Client Relationships
Having a prior business relationship with a client (such as a completed transaction) does not by itself constitute consent to receive automated text messages under the TCPA. You must still obtain explicit written consent. However, the nature of your existing relationship may make it easier and more natural to obtain this consent — for example, including a consent clause in your closing documents or client onboarding process.
Your Responsibility
ClientPro provides the technology to send messages, but you are solely responsible for ensuring that every contact you add to the platform has provided valid prior express written consent. We strongly recommend maintaining copies of all consent records. ClientPro provides a notes field on each client record where you can document how and when consent was obtained.
3. Opt-Out Management
The TCPA requires that consumers be able to easily opt out of receiving messages. ClientPro provides comprehensive, fully automated opt-out handling:
- STOP Keyword: When any recipient replies “STOP” (or “UNSUBSCRIBE,” “CANCEL,” “END,” or “QUIT”) to any message sent through ClientPro, they are immediately and automatically removed from all future messaging. No further messages will be sent to that number.
- Instant Processing: Opt-out requests are processed in real time. There is no delay between a STOP reply and the removal of the contact from your active messaging list.
- Confirmation Message: When a contact opts out, they receive a single confirmation message acknowledging their request (e.g., “You have been unsubscribed and will not receive further messages.”).
- Permanent and Irreversible: Once a contact opts out, they cannot be re-added to messaging without providing new, explicit written consent. The opt-out is logged permanently in our system.
- Cross-Account Protection: If a phone number opts out of messages from one agent, that opt-out is respected across the platform to prevent the same number from being contacted by other agents using ClientPro.
4. Message Content Requirements
All messages sent through ClientPro comply with the following content standards:
- Sender Identification: Every message identifies the sender (your name) so the recipient knows who is contacting them.
- Opt-Out Instructions: Every message includes clear instructions on how to opt out (reply STOP to unsubscribe).
- No Deceptive Content: Messages are personalized, conversational follow-ups — not sales pitches or promotional spam. The content is designed to maintain genuine professional relationships.
- Message Review: You have the ability to review and edit every message before it is sent, ensuring the content is appropriate and accurate.
5. Message Timing Restrictions
The TCPA and FCC regulations restrict when automated messages can be sent. ClientPro enforces the following timing rules:
- Allowed Hours: Messages are only sent between 8:00 AM and 9:00 PM in the recipient's local time zone.
- Time Zone Detection: We determine the recipient's time zone based on their area code to ensure messages arrive during appropriate hours.
- Holiday Consideration: Messages are not sent on major federal holidays (New Year's Day, Thanksgiving, Christmas Day) to respect recipients' time and maintain professionalism.
- Rescheduling: If a message is scheduled to send outside allowed hours, it is automatically held and rescheduled for the next eligible delivery window.
6. Message Frequency
ClientPro is designed for low-frequency, high-value follow-up — not mass blasts. Our standard messaging cadence includes:
- 22 personalized messages per client over 10 years (frequent in year one, then regular touchpoints through year 10)
- Messages are spaced to feel natural and non-intrusive
- No bulk messaging or blast capabilities
- Each message is individually personalized to the client relationship
This low-frequency approach is intentional. It maintains compliance, respects your clients' time, and produces higher engagement rates than aggressive messaging strategies.
7. Dedicated Phone Numbers
Messages are sent from a dedicated phone number assigned to your account:
- Area Code Matching: Your dedicated number is matched to your local area code so recipients see a familiar, local number.
- Call and Text Forwarding: If a client calls or texts the dedicated number, it forwards directly to your personal phone so you can respond naturally.
- One Number Per Agent: Each agent has their own dedicated number. Numbers are not shared across agents or accounts.
- Number Registration: All phone numbers used by ClientPro are properly registered with carriers and comply with A2P (Application-to-Person) 10DLC messaging requirements.
8. Record Keeping and Audit Trail
ClientPro maintains comprehensive records to support your compliance needs:
- Message Logs: A complete record of every message sent, including content, timestamp, delivery status, and recipient phone number. Logs are retained for a minimum of 5 years.
- Opt-Out Records: A permanent log of all opt-out requests, including the phone number, timestamp, and the keyword used. These records are never deleted.
- Consent Documentation: We provide fields for you to record how and when consent was obtained for each client. We strongly recommend keeping this documentation current.
- Delivery Reports: Status of each message (delivered, failed, undeliverable) is logged and available in your dashboard.
- Data Export: You can export your complete audit trail at any time from your account settings for your own compliance records.
9. Do-Not-Call (DNC) List Compliance
While the National Do-Not-Call Registry primarily applies to telemarketing voice calls, ClientPro takes additional precautions:
- Our platform is designed for existing client relationships, not cold outreach. Users may only add contacts they have a prior relationship with and valid consent from.
- Contacts who opt out via STOP are added to an internal suppression list that is respected across all future interactions.
- Users are prohibited from importing purchased contact lists or using the Service for cold outreach of any kind.
10. State-Specific Regulations
In addition to the federal TCPA, many states have their own telemarketing and text messaging laws that may impose additional requirements. Some notable examples include:
- Florida (FTSA): The Florida Telephone Solicitation Act requires prior express written consent for all commercial text messages and restricts sending hours to 8 AM – 8 PM local time.
- Oklahoma: Requires prior consent for automated text messages and has specific do-not-call provisions.
- Maryland: Has additional restrictions on automated calls and messages, including stricter time-of-day limitations.
ClientPro's messaging rules (8 AM – 9 PM with consent required) are designed to comply with the strictest state standards. However, it is your responsibility to be aware of and comply with the specific laws in the states where your clients are located.
11. What Happens If There Is a Violation
If we become aware of a potential TCPA violation by a user, we may take the following actions:
- Immediately suspend the account's messaging capabilities pending investigation.
- Contact the account holder to understand the circumstances and gather information.
- Require evidence of valid consent for flagged contacts before restoring messaging.
- Permanently terminate accounts that engage in willful or repeated violations.
We also reserve the right to report suspected violations to the appropriate regulatory authorities.
12. Shared Responsibility
| ClientPro Is Responsible For | You (The Agent) Are Responsible For |
|---|
| Automated opt-out processing (STOP keyword) | Obtaining prior express written consent from each contact |
| Enforcing message timing restrictions (8 AM – 9 PM) | Maintaining records of consent for each contact |
| Including opt-out instructions in every message | Ensuring contact information is accurate and up to date |
| Maintaining message logs and audit trails | Reviewing and approving messages before they are sent |
| Proper phone number registration (10DLC) | Not using the Service for cold outreach or spam |
| Providing compliance tools and documentation | Complying with all applicable federal and state laws |
13. Resources
For more information about TCPA compliance, we recommend the following resources: