Sherpa has been reviewed by multiple attorneys who have concluded the software is compliant with TCPA, however, state laws vary and it is up to YOU to determine if Sherpa is compliant in your state.
Q: How is this compliant? I thought permission to contact was required...
A: Sherpa is compliant. Here’s why:
- You’re not selling anything - you are making a legitimate offer to purchase the recipient's property.
- Sherpa is NOT an auto-dialer. The software requires human intervention for every single message to be sent.
To further mitigate your risk, do the following:
- Use the internal DNC function.
- Do not over-contact. Use common sense and be respectful.
In no event shall we be liable to you or any third parties for any special, punitive, incidental, indirect or consequential damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of use, data or profits, and on any theory of liability, arising out of or in connection with the use of this software. Use at your own risk.
Compliance with Law: All campaigns are the Client’s campaigns as Sherpa is merely a passive technology provider and common carrier.Client is required to use the Products in full compliance with all applicable laws and regulations, including without limitation, all state, federal and international: (a) real estate professional licensee rules of conduct; (b) Do-Not-Call (“DNC”) list prohibitions; (c) licensing and bonding requirements; (d) consumer cancellation rights; (e) wireless calling restrictions; (f) restrictions on the use of automatic telephone dialing systems and pre-recorded messages; (g) opt-out rules; (h) mandatory disclosures (i) intellectual property rights and restrictions; and (j) other product or industry regulations.By making any use of the Products, Client expressly warrants to Sherpa that Client is and shall continue to act in full compliance with the law. All Sherpa offers are void where prohibited by law. Client agrees that Client has read and understands the FTC’s Telemarketing Sales Rule (“TSR”) and the FCC’s Telephone Consumer Protection Act (“TCPA”), and all other applicable laws and regulations. Client should review these rules with Client’s own legal counsel to ensure that Client understands and is fully compliant.Sherpa does not assume responsibility for ensuring that Client’s marketing campaigns meet applicable legal requirements. Sherpa will not assume any liability if Client is ever held guilty or liable for any law violation. Notwithstanding the foregoing, Client acknowledges that Sherpa has and is taking active steps to ensure the compliance of its customers, including by having Client agree to these terms and otherwise. If Sherpa discovers evidence demonstrating that Client has violated the law, Sherpa may suspend or terminate the Client’s use of the Products immediately.