Legal Compliance
Updated Nov 8 2024
Symphony Source, LLC/Espresso Agent Legal Compliance
At Symphony Source, LLC/Espresso Agent, we make every effort to try to keep you, our subscriber, as legally compliant as possible.
Dialer Compliance
The Espresso Agent Dialer is updated on a regular basis to comply with all regulations from TCPA, FTC, FCC, and other agencies.
- The Espresso Agent Dialer System is not an Autodialer.
- The Espresso Agent Dialer System requires human intervention to use the Dialer System, and to make each dial; it cannot, and does not, dial on its own.
- The Espresso Agent Dialer System cannot store, or produce, telephone numbers, using a random or sequential number generator.
- The Espresso Agent Dialer System has the capacity to make only one (1) phone call at a time.
- The Espresso Agent Dialer System requires that the Real Estate Agent, who is making the call, be present, on the phone line, for each phone number, which is being dialed.
- The Espresso Agent Dialer System does not provide the functionality to be able to send a Short Message Service (SMS) or text.
- The Espresso Agent Dialer System does not provide the functionality to be able to leave pre-recorded or artificial Voicemail Messages.
Reference Link: FTC - Robocalls
National DNC Registry
Espresso Agent cross-references the National DNC registry and labels numbers accordingly. Each time the subscriber uses the dialer, they must choose whether to include or exclude numbers on the National DNC registry, based on the intent of their call.
Reference Link: DNC Compliance for Real Estate Agents
CRM Compliance
Espresso Agent CRM is regularly updated to comply with all relevant regulations.
Email - CAN-SPAM Act
- Subscribers are reminded of regulations upon importing/exporting data and must agree to the terms.
- Only contacts that have ‘opted-in’ to the email list are included in campaigns.
Reference Link: CAN-SPAM Act Compliance
Texting - CAN-SPAM Act
Espresso Agent does not allow texting within the service.
Reference Links: CAN-SPAM Act, Text Message Spam
Real Estate Compliance
We recommend subscribers review the following:
- State Licenses
- Realtor Standard of Practice Code of Ethics
- MLS and State Board Rules and Regulations
Reference Link: National Association of Realtors
Statutes and Regulations
Symphony Source, LLC strongly recommends that Real Estate Agents read, study, and comply with the following Statutes and Regulations:
- Telemarketing And Consumer Fraud And Abuse Prevention Law/Regulation
15 USC Ch. 87 / Sec. 6101-6108
(Title 15 of the United States Code, Chapter 87, Sections 6101 through 6108)
Website:Telemarketing And Consumer Fraud And Abuse Prevention
(https://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title15-chapter87&edition=prelim), and
- Telemarketing Sales Rule
(As Promulgated by the Federal Trade Commission)
16 CFR 310.1 – 310.9
(Code of Federal Regulations, Title 16, Chapter 1, Subchapter C, Part 310, Sections 310.1 through Section 310.9)
Website:Telemarketing Sales Rule
(https://www.ecfr.gov/current/title-16/chapter-I/subchapter-C/part-310)
Some States have a “State” Telemarketing Sales Rule. The States also have certain Laws, Rules, and Regulations, relative to Telemarketing Licensing Requirements, and Telemarketing Registration Requirements.
- Restrictions On Telemarketing, Telephone Solicitation, And Facsimile Advertising
47 CFR, Part 64, Subpart L, Sections 64.1200-64.1202
(Title 47 of the Code of Federal Regulations, Chapter 1, Subchapter B, Part 64, Subpart L, Sections 64.1200 through 64.1202)
Website:
RESTRICTIONS ON TELEMARKETING, TELEPHONE SOLICITING, AND FACSIMILE ADVERTISING (https://www.ecfr.gov/current/title-47/chapter-I/subchapter-B/part-64/subpart-L), and
- Telephone Consumer Protection Act (TCPA)
47 USC Section 227
(Code of Federal Regulations, Title 47 of the United States Code, Section 227)
Website:
TELEPHONE CONSUMER PROTECTION ACT / TCPA (https://www.fcc.gov/sites/default/files/tcpa-rules.pdf)
Some States have a “State” Telephone Consumer Protection Act (TCPA).
- The Truth In Caller ID Act
16 CFR (Code of Federal Regulations) §310 4(a)(8)
47 CFR (Code of Federal Regulations) §64.1601(e)
47 CFR (Code of Federal Regulations) §64.1604
- National Do-Not-Call Registry
15 USC, Section 6151
(Title 15 of the United States Code, Chapter 87A, Sections 6151 through 6155)
Website:
NATIONAL DO-NOT-CALL REGISTRY (http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section6151&num=0&edition=prelim), and
Also, in addition to the National Do-Not-Call Registry, some States have a “State” Do-Not-Call Registry.
- The “Controlling The Assault Of Non-Solicited Pornography And Marketing Act Of 2003” / The “Can-Spam Act Of 2003”
15 USC, Sections 7701 – 7713
(Title 15 of the United States Code, Sections 7701 through 7713
Website:
THE CAN-SPAM ACT OF 2003
- The “Pallone-Thune Telephone Robocall Abuse Criminal Enforcement And Deterrence Act” (“STIR/SHAKEN”)
(The “Pallone-Thune Traced Act”)
47 USC Section 227 (47 USC 227)
(Title 47 of the United States Code, Section 227)
Website:
THE TRACED ACT
(https://www.congress.gov/bill/116th-congress/senate-bill/151/text)
- The Recording And/Or Transcribing Of Conversations
There are State and Federal Laws, Rules, and Regulations, relative to the Recording and/or Transcribing of Conversations, and, in particular, relative to the Recording and/or Transcribing of Telephone Conversations. The State Laws, Rules, and Regulations, relative to the Recording and/or Transcribing of Conversations, vary from State to State.
In the event that you have questions about any of the Laws, Rules, and Regulations, please consult with an Attorney.
For any questions or concerns about legal compliance, please contact us at:
Email: compliance@espressoagent.com
Symphony Source, LLC/Espresso Agent
195 W Main Street, American Fork, UT 84003