TCPA Compliance

Effective Date:

5/22/25

Last Updated:

5/22/25

1. Introduction

Dm Funnel Inc, doing business as Highest Or Best ("we," "us," "our," or "Company"), is committed to complying with the Telephone Consumer Protection Act (TCPA) and all applicable federal and state telecommunications laws. This TCPA Compliance Notice explains our practices regarding telephone calls, text messages, and automated communications.

By providing your phone number to us or engaging with our services, you acknowledge that you have read and understand this notice.

2. About the TCPA

The Telephone Consumer Protection Act (TCPA) is a federal law that restricts telemarketing calls, auto-dialed calls, prerecorded voice messages, text messages, and fax advertisements. The TCPA requires businesses to obtain proper consent before making certain types of calls or sending text messages to consumers.

Key TCPA Requirements:

Written consent for automated/prerecorded calls to cell phonesConsent for text/SMS marketing messagesHonoring Do Not Call requestsProviding opt-out mechanismsMaintaining proper records of consent

3. Our Communication Practices

3.1 Types of Communications We Send

We may contact you through various methods related to our real estate services:

Voice Calls:

Initial consultation and property evaluation callsFollow-up calls about your property selling optionsAppointment scheduling and confirmation callsMarket updates and property feedback callsTransaction status and closing coordination calls

Text Messages (SMS):

Appointment reminders and confirmationsQuick updates about showings or offersTime-sensitive notifications about your propertyMarket alerts and opportunitiesService confirmations and scheduling

Email Communications:

Property valuations and market analysesEducational content about selling optionsNewsletter and market updatesTransaction documents and updatesMarketing materials and service information

Automated Communications:

Appointment confirmation systemsProperty alert notificationsFollow-up sequences for service inquiriesMarketing automation for lead nurturing

3.2 When We Contact You

We will contact you in the following circumstances:

With Your Consent:

When you provide your phone number on our websiteWhen you request information about our servicesWhen you sign up for our newsletters or alertsWhen you enter into a service agreement with us

For Business Purposes:

To fulfill our contractual obligations to youTo provide customer service and supportTo send transaction-related notificationsTo respond to your inquiries and requests

Emergency or Time-Sensitive Matters:

Urgent property-related notificationsLast-minute showing changes or cancellationsTime-sensitive offer or negotiation updatesSafety or security concerns

4. Consent and Authorization

4.1 How You Provide Consent

By taking any of the following actions, you provide consent for us to contact you:

Website Forms:

Submitting contact forms with your phone numberRequesting property valuations or consultationsSigning up for newsletters or market updatesScheduling appointments or meetings

Phone Calls:

Calling our office and providing your contact informationRequesting callbacks or follow-up communicationsEngaging in conversations about our services

Text Messaging:

Sending us a text message firstResponding "YES" to our opt-in requestsProviding your mobile number for text updates

Service Agreements:

Signing listing agreements or service contractsEngaging our services for property salesParticipating in our programs (List It, Cash Offers, Fix and List)

4.2 Scope of Consent

Your consent allows us to:

Contact Methods:

Call your provided phone numbers (landline and mobile)Send text messages to your mobile phoneUse automated dialing systems when necessaryLeave voicemail messages when you're unavailable

Communication Types:

Service-related calls and messagesAppointment scheduling and confirmationsProperty updates and market informationEducational content about real estate sellingPromotional offers for our services (with separate consent)

Technology Used:

Manual dialing systemsAutomated telephone dialing systems (ATDS) when necessaryPrerecorded voice messages for confirmationsSMS/text messaging systems

4.3 Separate Consent for Marketing

Marketing communications require separate, explicit consent:

Marketing Calls:

We will only make promotional or marketing calls with your express written consent, separate from service-related communications.

Marketing Texts:

Promotional text messages require opt-in consent through clear and conspicuous disclosures.

Frequency:

Marketing communications will include information about message frequency and how to opt-out.

5. Your Rights and How to Opt-Out

5.1 Right to Revoke Consent

You have the right to revoke your consent at any time:

How to Opt-Out:

Text STOP to any text message you receive from usCall us at 760-330-4450 and request to be removedEmail us at [email protected] STOP to any email communicationsTell us verbally during any phone conversation

5.2 Opt-Out Processing

When you opt-out:

We will process your request immediatelyYou will receive a confirmation of your opt-outWe will maintain your opt-out status in our systemsYou may still receive essential service-related communications

5.3 Partial Opt-Outs

You can choose to opt-out of specific types of communications:

Marketing calls only (continue service calls)Text messages only (continue phone calls)Email marketing only (continue transaction emails)Specific types of notifications or updates

5.4 Service-Related Communications

Even after opting out of marketing, we may still contact you for:

Existing transaction-related mattersAccount security and fraud preventionLegal notices and compliance requirementsService confirmations and appointment schedulingEmergency or time-sensitive property matters

6. Do Not Call Registry Compliance

6.1 National Do Not Call Registry

We respect the National Do Not Call Registry and will not make promotional calls to numbers registered on the list, except when:

You have provided express written consentWe have an established business relationshipThe call is not for marketing purposesLegal exemptions apply

6.2 Internal Do Not Call List

We maintain our own internal Do Not Call list that includes:

Anyone who requests not to be calledNumbers that have consistently gone to voicemailNumbers identified as wrong numbers or disconnectedAnyone who has opted out of communications

6.3 Compliance Procedures

Our staff is trained to:

Check Do Not Call registries before making callsHonor all opt-out requests immediatelyMaintain accurate calling lists and suppression filesDocument consent and opt-out requests properly

7. Text Messaging (SMS) Compliance

7.1 SMS Consent Requirements

For text messaging, we obtain consent through:

Clear Disclosures:

Message and data rates may applyFrequency of messages (varies)How to opt-out (text STOP)Help information (text HELP)

Opt-In Methods:

Website forms with SMS consent checkboxesKeyword opt-ins (text specific words to our number)Verbal consent during phone conversationsWritten consent in service agreements

7.2 SMS Message Types

We send the following types of text messages:

Transactional Messages:

Appointment confirmations and remindersProperty showing notificationsOffer and negotiation updatesClosing and transaction updates

Informational Messages:

Market updates and property alertsEducational content about sellingService announcements and updates

Marketing Messages (with separate consent):

Promotional offers and specialsNew service announcementsEvent invitations and webinars

7.3 SMS Opt-Out Procedures

To stop text messages:

Text STOP to our number: Reply STOP to any messageText UNSUBSCRIBE as an alternative to STOPText HELP for assistance and informationCall us at 760-330-4450 for immediate removalEmail us at [email protected]

Opt-Out Confirmation:

You will receive a confirmation message when you opt-out, and no further marketing messages will be sent. You may still receive important service-related messages for active transactions.

8. Automated Calling Systems

8.1 Use of Automated Systems

We may use automated telephone dialing systems (ATDS) for:

Appointment reminders and confirmationsProperty alert notificationsFollow-up calls for service inquiriesEmergency notifications about propertiesTransaction status updates

8.2 Prerecorded Messages

We may use prerecorded voice messages for:

Appointment confirmationsGeneral information about our servicesProperty showing remindersMarket update announcements

Live Operator Option:

Prerecorded messages will include an option to speak with a live operator or instructions on how to opt-out.

8.3 Technology Safeguards

Our automated systems include:

Proper caller ID identificationOpt-out mechanisms in all automated messagesCall time restrictions (8 AM - 9 PM local time)Abandoned call rate monitoringRegular system updates and compliance checks

9. Record Keeping and Consent Management

9.1 Consent Documentation

We maintain records of:

When and how consent was obtainedThe scope of consent providedAny modifications or updates to consentOpt-out requests and processingCommunication preferences and restrictions

9.2 Data Retention

Consent and communication records are retained for:

Active customers: Duration of relationship plus 4 yearsProspects: 4 years from last contact or opt-outOpt-out records: Permanently maintainedLegal compliance: As required by applicable laws

9.3 System Security

Our consent management systems include:

Secure data storage and encryptionAccess controls and user authenticationRegular backups and data recovery proceduresAudit trails for all consent changesCompliance monitoring and reporting

10. Third-Party Communications

10.1 Service Providers

We may share your contact information with trusted service providers who assist with our business operations:

Authorized Communications:

Customer relationship management (CRM) systemsEmail marketing platformsSMS/text messaging servicesAppointment scheduling systemsTransaction management platforms

Consent Transfer:

Your consent applies to communications from these authorized service providers acting on our behalf.

10.2 Business Partners

In some cases, we may share your information with business partners:

Real estate agents in our networkContractors and renovation specialistsInvestors for cash offer servicesTitle companies and escrow services

Separate Consent:

These partners may have their own communication policies and may require separate consent for their direct communications.

10.3 Third-Party Compliance

We require our service providers and partners to:

Comply with all applicable TCPA requirementsHonor opt-out requests promptlyMaintain proper consent documentationFollow our communication standards and policies

11. Complaint Resolution

11.1 How to File a Complaint

If you believe we have violated TCPA requirements:

Phone: 760-330-4450Email: [email protected]: Dm Funnel Inc DBA Highest Or BestTCPA Compliance Officer2417 Copper WayCarlsbad, CA 92009

11.2 Complaint Investigation

We will:

Acknowledge your complaint within 2 business daysInvestigate the matter thoroughlyProvide a written response within 10 business daysTake corrective action if violations are foundDocument the complaint and resolution

11.3 External Reporting

You may also file complaints with:

Federal Communications Commission (FCC): consumercomplaints.fcc.govFederal Trade Commission (FTC): reportfraud.ftc.govState Attorney General's Office: Contact your state's consumer protection agency

12. Updates and Changes

12.1 Policy Updates

We may update this TCPA Compliance Notice to reflect:

Changes in applicable laws and regulationsUpdates to our communication practicesNew services or communication methodsFeedback from compliance reviews

12.2 Notification of Changes

We will notify you of material changes through:

Updated notice on our websiteEmail notification to active customersNotice during phone conversations when appropriateText message notification (with opt-out option)

12.3 Continued Consent

Your continued engagement with our services after notice of changes constitutes acceptance of the updated terms, unless you opt-out.

13. Training and Compliance

13.1 Staff Training

All employees who make calls or send messages receive training on:

TCPA requirements and compliance proceduresProper consent verification and documentationOpt-out processing and honor proceduresProfessional communication standardsRegular updates on law changes

13.2 Compliance Monitoring

We regularly monitor compliance through:

Call recording and review (where legally permitted)Audit of communication logs and recordsReview of opt-out processing proceduresCustomer feedback and complaint analysisThird-party compliance assessments

13.3 Continuous Improvement

We are committed to:

Staying current with TCPA developmentsImplementing best practices in telecommunicationsResponding promptly to compliance issuesMaintaining high standards of customer communicationRegular review and updating of policies and procedures

14. Contact Information

For TCPA-related questions, concerns, or requests:

Dm Funnel Inc DBA Highest Or Best

TCPA Compliance Officer

2417 Copper Way

Carlsbad, CA 92009

Phone: 760-330-4450

Email: [email protected]

For Immediate Opt-Out Requests:

Text STOP to any message you receive

Call: 760-330-4450

Email: [email protected]

Important Notice:

This TCPA Compliance Notice is designed to inform you of your rights and our practices. It does not create additional rights beyond those provided by applicable law, nor does it limit any rights you may have under federal or state law.

This TCPA Compliance Notice is effective as of the date first written above and applies to all telecommunications with our customers and prospects.