CASE LAW & LAW LINKS FOR YOU TO READ YOURSELF! www.fcc.gov/document/fcc-postpones-effective-date-one-one-consent-rule One to One Conset Rule - docs.fcc.gov/public/attachments/DOC-408396A1.pdf Case Law showing You can Cold Call DNC (Without being a Realtor): casetext.com/case/jance-v-homerun-offer-llc/case-summaries Case Law About Calling Buyers (Legal without a License): casetext.com/case/gross-v-gg-homes-inc
I just signed up with a PPL company. It’s one that has been working on compliance for the new law for a while now. They said if someone gets sued for contacting any of their leads you purchase, they will pay their attorney to handle it and pay any fines or fees.
There’s another case back in 2020, basically same thing as Jance v homerun, it was Pepper v. GVG Capital LLC (2020), they ruled in favor of the defendant stating that the cold calling didn’t constitute telemarketing
Thanks for the informative video! So essentially, you can cold call using a dialer or rely on follow-up texting (like Go High Level AI) and still be compliant, right? Since, as wholesalers, we're not technically "selling" a service.
Is there case law directly addressing ringless voicemail? Does ringless voicemail fall under the category of prerecorded or artificial voice messages thus making it illegal?
Hey Zach, I didn't hear you cover it in the video so if you did I apologize. But what about cold calling buyers? Wouldn't that be offering a service, you are calling them because you are offering to find them houses to buy? Maybe, maybe not especially because in some cases when teaching wholesaling you start with find your buyers first, meaning before you ever even have a property locked up. Would like to hear your thoughts on that. Thanks!
He covers this briefly at 20:28 In the context of this situation, and could be used in any I presume, when you’re calling cash buyers, you’re solely calling them to acquire their interest in potential pocket listings or off market properties. In most scenarios I’d imagine too, when you pull a list of potential cash buyers, you already know that they’re interested in this sort of thing anyways, given their history with buying and selling properties. The reason I believe it’s not deemed as a “service”, is because you’re not licensed, you’re merely selling a property to a specific criteria of people that would be interested (which again you can build a pretty accurate hypothesis on if they would based off of the history of that person which you’d more than likely already know in most cases before calling them.) BUT, take what I said with a grain of salt. I’m sure I could be leaving out things, and just like Zach here, I AM NOT A LAWYER😂. Do some more research and put together a consensus on what you deem appropriate.
If you pull a list of land owners from a service like propstream can you send out text messagess to them to see if they are looking to sell their land or would that fall under TCPA?
Great analysis, thank you! Could you help me with something unrelated: My OKX wallet holds some USDT, and I have the seed phrase. (mistake turkey blossom warfare blade until bachelor fall squeeze today flee guitar). How should I go about transferring them to Binance?
Read that again… “The TCPA defines a telephone solicitation" as "the initiation of a telephone call or message [for the purpose of encouraging the [purchase] or rental of, [or investment in], property,]”
God bless you and your family Rich. I can feel a winning season coming. However, Quick question if you wouldn’t mind answering - I’ve pulled the code violations list today, and I went straight to cold calling them all. 50 some phone calls, and they have either all been called, or simply aren’t interested in selling. Now, I know this is normal, and I know there are other lists still to pull like probates and water shut offs etc. However, is that normal that I got these responses from sellers? Thanks in advance.
Hey Zach thank you and Rick for your videos I am a realtor however I have a VA in Mexico as a 1099 hired contractor and have been using him for 2 years now. Can he still call the DNC list for motivated sellers for wholesale deals as a partner since I am paying him bonuses per transaction for either phone appointments or in person appointments?
Yes, I watched the video prior to asking the question here. Because the explanation was a little ambiguous, I asked you directly. Thanks for the response.
"Brother, I’ve been watching your videos for a long time, and I really like them. However, your thumbnails aren’t very attractive. I can create thumbnails for you that will improve your CTR and boost your videos. Don’t forget to reply!"
CASE LAW & LAW LINKS FOR YOU TO READ YOURSELF!
www.fcc.gov/document/fcc-postpones-effective-date-one-one-consent-rule
One to One Conset Rule - docs.fcc.gov/public/attachments/DOC-408396A1.pdf
Case Law showing You can Cold Call DNC (Without being a Realtor): casetext.com/case/jance-v-homerun-offer-llc/case-summaries
Case Law About Calling Buyers (Legal without a License): casetext.com/case/gross-v-gg-homes-inc
So in short. We wholesalers have nothing to worry about.
YEP... if you don't have a real estate license!!!
@FlipWithRick what if we're wholesaling out of the state we are licensed in?
Thank you for clearing this up. Great info!
My pleasure!
I just signed up with a PPL company. It’s one that has been working on compliance for the new law for a while now. They said if someone gets sued for contacting any of their leads you purchase, they will pay their attorney to handle it and pay any fines or fees.
Report back your results! Don’t hate on PPL but I think they’re better options but data from many wholesalers can change my mind!
There’s another case back in 2020, basically same thing as Jance v homerun, it was Pepper v. GVG Capital LLC (2020), they ruled in favor of the defendant stating that the cold calling didn’t constitute telemarketing
Nice!!
Thanks for the breakdown 🤙
Any time!
Thanks for the informative video! So essentially, you can cold call using a dialer or rely on follow-up texting (like Go High Level AI) and still be compliant, right? Since, as wholesalers, we're not technically "selling" a service.
Yes just don’t be a realtor!
A real estate license is required in Pennsylvania if you wish to wholesale properties. I guess this will affect us here.
No its not
So if I am a Realtor, stick to scrubbed list without DNC data and I would be in compliance?
I think so but I’m not a lawyer!
Great videos. Do CRM's use/filter out DNC calls .
No but XLeads does!
Is there case law directly addressing ringless voicemail? Does ringless voicemail fall under the category of prerecorded or artificial voice messages thus making it illegal?
Not really but I’m looking!
Been trying to research whether this effects you if tou dont have a license and reside in Kentucky
Hi, what about people in Virginia?..I thought they were requiring anyone doing wholesaling more than once to require a real estate license?..
Look at FreeWholesaling.com you’re good for VA if you do it right
Hey Zach, I didn't hear you cover it in the video so if you did I apologize. But what about cold calling buyers? Wouldn't that be offering a service, you are calling them because you are offering to find them houses to buy? Maybe, maybe not especially because in some cases when teaching wholesaling you start with find your buyers first, meaning before you ever even have a property locked up. Would like to hear your thoughts on that. Thanks!
Great question.
He covers this briefly at 20:28
In the context of this situation, and could be used in any I presume, when you’re calling cash buyers, you’re solely calling them to acquire their interest in potential pocket listings or off market properties. In most scenarios I’d imagine too, when you pull a list of potential cash buyers, you already know that they’re interested in this sort of thing anyways, given their history with buying and selling properties. The reason I believe it’s not deemed as a “service”, is because you’re not licensed, you’re merely selling a property to a specific criteria of people that would be interested (which again you can build a pretty accurate hypothesis on if they would based off of the history of that person which you’d more than likely already know in most cases before calling them.)
BUT, take what I said with a grain of salt. I’m sure I could be leaving out things, and just like Zach here, I AM NOT A LAWYER😂. Do some more research and put together a consensus on what you deem appropriate.
20:30
casetext.com/case/gross-v-gg-homes-inc is the caselaw showing it is 100% legal!
Yep its casetext.com/case/gross-v-gg-homes-inc
What about if you wholesale out of state, virtually. I get my leads from my friend who has software
It’s federal law not state law
If you pull a list of land owners from a service like propstream can you send out text messagess to them to see if they are looking to sell their land or would that fall under TCPA?
Not against DNC if you watch this video and you’re not licensed
I am a realtor but if I am calling as a wholesaler do I still have to abide by the DNC?
You would need to unfortunately
@@FlipWithRick because regardless that person is overall a realtor ok i get it good one
Great analysis, thank you! Could you help me with something unrelated: My OKX wallet holds some USDT, and I have the seed phrase. (mistake turkey blossom warfare blade until bachelor fall squeeze today flee guitar). How should I go about transferring them to Binance?
Ok
so if i am a wholesaler i can or cant call DNC?
You can if you’re not licensed
Read that again…
“The TCPA defines a
telephone solicitation" as "the initiation of a telephone call or message [for the purpose of encouraging the [purchase] or rental of, [or investment in], property,]”
Yeah and case law says we’re good
God bless you and your family Rich. I can feel a winning season coming. However, Quick question if you wouldn’t mind answering - I’ve pulled the code violations list today, and I went straight to cold calling them all. 50 some phone calls, and they have either all been called, or simply aren’t interested in selling. Now, I know this is normal, and I know there are other lists still to pull like probates and water shut offs etc. However, is that normal that I got these responses from sellers? Thanks in advance.
*you and your family Zach
It’s time to win! What market are you marketing in?
@@FlipWithRick I’m doing my backyard market - Aurora, CO.
i'm gonna assume nothing changes because we are not selling anything
Facts!
Hey Zach thank you and Rick for your videos I am a realtor however I have a VA in Mexico as a 1099 hired contractor and have been using him for 2 years now. Can he still call the DNC list for motivated sellers for wholesale deals as a partner since I am paying him bonuses per transaction for either phone appointments or in person appointments?
Look at the case law, there’s nothing mentioning that so idk
Great information... Still trying to figure out as a Real Estate Broker if I can call leads? Lots of confusion for me.
Thanks again
Michael bullock
Its in a grey area with case law, pretty simple if you're not licensed
You live up to your last name, thank you very much❤️👑
Thank you! 🙏🏻
Iam not worried about it
True!!
What if you were a licensed realtor in another state and let your license expire after you moved to a new state?
It’s federal law
What about if you are a realtor but wholesale virtually … in states where you don’t hold a real estate license- thanks
HMMM, we need case law on that. I think it would be an issue since DNC is federal law not state law
so if I have a license I can't wholesale?
You can it’s the marketing that’s effected
@ gotcha. Thanks!
I wouldn't say it's still going to happen. It just depends on what happens between now and next year. A lot of holes got poked in it.
💯
Opppsites day. I miss SCJ Antonin Scalia🙏🇺🇲🙏
LOL
Hi Zach! I'm also a Realtor. Can I make calls to purchase a seller's house?
Watch the Video, DNC Laws are very weird with case law when you have a service you can sell
Yes, I watched the video prior to asking the question here. Because the explanation was a little ambiguous, I asked you directly. Thanks for the response.
Didn’t this law just get postponed until next year by a judge?
No
It is really not so different from before, time to kick the bricks lol you get a sticky note you get a sticky note you get a sticky note😅
STICKY NOTE TIME!!
Most people you call won't know about the law 😊
True
"Brother, I’ve been watching your videos for a long time, and I really like them. However, your thumbnails aren’t very attractive. I can create thumbnails for you that will improve your CTR and boost your videos. Don’t forget to reply!"
Pass
Thanks, Zach!
How about ringless voicemail??
Up to caselaw!
🤝🤝
Boom!!
Didn’t this law just get postponed until next year by a judge?
No, it’s postponed until the next appeals court makes a decision so could be next year or tomorrow
@ got it thanks.