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Telemarketing compliance is a complex field and many essential questions do not fit into a specific category.

What is a litigation firewall?

In a general sense, a litigation firewall could be any effort to protect your business from the multimillion-dollar litigation industry enabled by the Telephone Consumer Protection Act. The most obvious and direct way to do so would be to purchase software or make a business alliance with a company that can help you blacklist any litigators. Experienced marketing attorneys and industry professionals alike agree that robust and remarkably effective solutions against predatory litigation are essential.

What is the TRACED Act?

The Pallone-Thune TRACED Act was signed into law by President Donald Trump on December 30, 2019. The act—whose name is an acronym for Telephone Robocall Abuse Criminal Enforcement and Deterrence—is sponsored by South Dakota Republican Senator John Thune and New Jersey Democratic Congressman Frank Pallone.

The TRACED ACT modifies sections of the Telephone Consumer Protection Act (TCPA), which is itself an amendment to the Communications Act of 1934, codified as 47 U.S.C. § 227.

Do TCPA and DNC regulations apply to the real estate industry?

There is an assumption that because real estate agents are independent contractors that Do Not Call (DNC) and Telephone Consumer Protection Act (TCPA) regulations do not apply to them.

Big businesses are often seen in the spotlight for being violators of these statutes and individuals may think that their actions will go unnoticed by Federal Trade Commission (FTC) and Federal Communications Commission (FCC) regulators—these assumptions are false.

Compliance is mandatory for real estate agents.

Are cell phones considered click-to-dial?

Cell phones are generally thought to be manual calling devices, like many click-to-dial systems. However, there has been no clear or consistent guidance from the Federal Communications Commission (FCC) or the courts as to whether or not a cell phone is considered a click-to-dial device. Telephone Consumer Protection Act (TCPA) compliance on this issue depends entirely on specific district court rulings for specific jurisdictions.