TCPA & DNC Notice
Your responsibilities when calling, texting, or emailing prospects you've enriched through LeadCove.
Draft template — review by counsel required before opening to paid customers.
The short version: LeadCove provides data; you are the one calling, texting, and emailing. That makes you — not Miami Metro LLC — legally responsible for compliance with the Telephone Consumer Protection Act (TCPA), the National Do Not Call (DNC) registry, the CAN-SPAM Act, the Florida Telephone Solicitation Act, and any other federal, state, or local rules that apply to your outreach.
What this notice covers
This page explains the legal landscape around real-estate prospecting outreach and the responsibilities you take on when you use any contact information surfaced by LeadCove. It is not legal advice. If you are unsure about a specific call, text, or campaign, talk to a lawyer who specializes in TCPA / consumer protection.
Calls (TCPA)
- Manual dialing from a regular phone is generally permitted, subject to the rules below.
- Auto-dialers and pre-recorded "robocalls" to mobile numbers are heavily restricted. You generally need prior express written consent from the recipient — which most cold prospects have not given.
- Honor any "do not call" request immediately. Maintain an internal Do Not Call list and check it before every campaign.
- Identify yourself, your brokerage, and the purpose of the call promptly.
- Limit calling to the windows allowed by federal law (8am–9pm local time at the called party's location) and any tighter state windows.
Text messages (TCPA + state SMS rules)
- SMS marketing requires prior express written consent. Cold-texting a prospect you found through LeadCove without that consent is high-risk under TCPA and Florida's Mini-TCPA.
- If you send conversational, one-to-one outreach (not automated, not from a marketing platform), the legal analysis is more nuanced — but still risky. Consult counsel.
- Always include your identity and an opt-out method ("Reply STOP to opt out") where applicable.
- If a prospect replies STOP, UNSUBSCRIBE, or asks you to stop, log the request and never contact that number again.
Emails (CAN-SPAM)
- Use accurate "From," "To," and routing information — no spoofing.
- Use truthful, non-deceptive subject lines.
- Identify the message as an ad if it is one.
- Include a valid physical postal address for your brokerage.
- Provide a clear way to opt out, and honor opt-outs within 10 business days.
Do Not Call (DNC) Registry
- The National DNC Registry covers consumer numbers. Telemarketing calls to numbers on the registry are generally prohibited — there are limited exceptions (existing business relationship, prior express invitation, etc.).
- It is your responsibility to scrub your call list against the National DNC Registry, your state DNC Registry where applicable, and your own internal DNC list.
- LeadCove may surface DNC indicators where available from data partners, but absence of a flag is not a guarantee a number is callable. Always scrub before calling.
Real estate-specific rules
- The "established business relationship" (EBR) exception is narrow and time-limited. Don't assume past clients are callable indefinitely.
- Many states have stricter solicitation rules for real-estate professionals. Florida, Texas, Washington, Oklahoma, and others have heightened requirements.
- Honor fair-housing rules in every contact. Outreach that targets or excludes protected classes is prohibited regardless of whether it's compliant under TCPA.
What LeadCove provides — and what it doesn't
What we do:
- Surface owner contact information from public records and licensed data partners, where matchable.
- Where available, flag known DNC, prior-opt-out, or wireless designations on records we deliver.
- Provide one-click STOP/UNSUBSCRIBE handling on any SMS/email sent through LeadCove's own outreach features (when those features are active).
- Log your call outcomes and opt-outs inside the dashboard so you can build your own internal DNC list.
What we don't do:
- Replace your legal duty to comply with TCPA, DNC, CAN-SPAM, fair housing, or any other applicable law.
- Guarantee that any phone number is callable, that any email is mailable, or that any prospect wants to be contacted.
- Provide legal advice. The information on this page is general educational content only.
If you receive a complaint or legal notice
Stop the outreach immediately. Document what happened (which prospect, which channel, when, what you said). Consult counsel before responding. Don't try to argue with the recipient. If the matter relates to data LeadCove surfaced, email [email protected] so we can support — but understand that the underlying compliance responsibility rests with you.
Resources
Contact
Questions about LeadCove's role in your compliance program? Email [email protected].