Shuster's comments highlight recent litigation involving allegations against Compass and Keller Williams regarding unsolicited calls in violation of federal DNC regulations. She noted that not adhering to DNC laws led to legal issues, emphasizing the importance of consent. Changes to the TCPA now require clear and conspicuous consent before sending robocalls or texts. Shuster pointed out legal distinctions in calls, particularly between genuine offers to purchase homes and promotional calls for agent services, which affects their treatment under the law.
Shuster emphasized a key legal distinction in this area – calls that involve a bona fide offer to purchase a home versus calls that promote an agent's services.
The consent provided by the individual must be a clear and conspicuous disclosure that the consumer will receive robocalls or robotexts and the content of those contacts must be logically and topically related.
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