Compliance

Use of Internet-Based Messaging Platform, Rich Communication Services (RCS), and TCPA Compliance

Home Connect’s communications with homeowners are conducted solely through a secure, internet-based messaging platform and Rich Communication Services (RCS), which operate independently of traditional telecommunications networks. The TCPA, codified at 47 U.S.C. § 227, regulates certain calls and texts made over traditional telecommunications systems, particularly those sent using an “automatic telephone dialing system” (ATDS) or an “artificial or prerecorded voice” when directed to protected numbers (47 U.S.C. § 227(b)(1)(A)).

By definition, the TCPA applies to communications over traditional telecommunications networks, not internet-based platforms or RCS. Additionally, the TCPA defines an ATDS as equipment with the “capacity…to store or produce telephone numbers to be called, using a random or sequential number generator” and “to dial such numbers” (§ 227(a)(1)). Home Connect’s internet-based platform and use of RCS do not involve equipment that meets these criteria. There is also no judicial or legislative precedent that extends TCPA restrictions to internet protocol messaging services or RCS. In line with current law, Home Connect’s use of an internet-based messaging platform and RCS is outside the TCPA’s scope, ensuring our compliance with the statute as it stands today.

Nature of Messaging

Should future interpretations of the TCPA encompass internet-based messaging services, Home Connect’s practices would continue to comply with both the statute’s letter and intent. The TCPA imposes restrictions on “telephone solicitation” (§ 227(a)(4)) and “unsolicited advertisements” (§ 227(a)(5)), which are defined as communications promoting purchases, rentals, or other commercial transactions without prior consent.

Home Connect’s initial communications are intentionally designed to be non-commercial, neutral, and conversational. Sent on behalf of clients, these messages are crafted to resemble typical personal interactions, serving as an introductory point of contact without endorsing or promoting any services. Under the TCPA’s definitions, which govern explicitly promotional and commercial messages, Home Connect’s client-directed, introductory communications remain outside the statute’s defined reach. Consequently, even if the TCPA’s scope were broadened, Home Connect’s approach to messaging would remain fully compliant.

Consent Management Practices

Although Home Connect’s communications are not subject to TCPA regulations, we voluntarily adopt rigorous consent management practices that reflect our commitment to respecting privacy and consumer choice. Our approach includes the following key practices:

Implied and Explicit Consent: Home Connect uses a two-tier consent approach. Implied consent is recognized when a homeowner responds to an initial message, indicating a willingness to engage. Explicit consent is obtained if the homeowner proceeds with further interaction, ensuring informed, transparent participation.

Direct Opt-Out Management: Home Connect actively manages and respects explicit opt-out requests. If a homeowner responds with messages such as “do not contact,” “who is this,” “don’t text me,” or any similar expression of non-consent, we immediately terminate further communication with that individual.

Non-Response Treated as Opt-Out: If a homeowner does not respond to an initial message, Home Connect interprets this lack of response as an implied opt-out. No further messages are sent, respecting the homeowner’s preference.

Do Not Call (DNC) List Adherence: Although TCPA requirements for the National Do Not Call (DNC) Registry (47 C.F.R. § 64.1200(c)(2)) do not apply to internet-based messaging, Home Connect voluntarily refrains from contacting individuals on the DNC list. This proactive measure reflects our commitment to honoring consumer preferences and aligns with the TCPA’s intent to protect privacy.

Through these best practices, Home Connect’s consent management exceeds the TCPA’s statutory requirements, demonstrating our dedication to consumer rights, privacy, and ethical communication.

Definition of Automation and Compliance with Facebook, Inc. v. Duguid

While Home Connect’s communication practices fall outside the regulatory scope of the TCPA, we voluntarily adhere to standards that emphasize legal compliance and respect for consumer privacy. Under the TCPA, codified at 47 U.S.C. § 227, the use of an “automatic telephone dialing system” (ATDS) is restricted. The TCPA defines an ATDS in § 227(a)(1) as equipment that has the “capacity…to store or produce telephone numbers to be called, using a random or sequential number generator” and “to dial such numbers.” In Facebook, Inc. v. Duguid, 141 S. Ct. 1163 (2021), the Supreme Court further clarified that systems must have the capacity to generate and dial numbers randomly or sequentially to be classified as an ATDS.

Home Connect’s communication systems are structured in accordance with this definition. We may use workflow automation tools (such as webhooks), customer relationship management (CRM) systems, and AI-driven tools to streamline our processes and support communications. However, these technologies do not employ random or sequential number generation, and therefore do not fall under the ATDS classification as defined by the TCPA. Each message sent by Home Connect is managed to align with TCPA standards and adheres to both the technical and legal expectations for responsible consumer communication.

By following TCPA guidelines and the standards set by the Supreme Court’s interpretation in Duguid, Home Connect ensures that its messaging practices remain lawful, responsible, and aligned with the highest standards of consumer privacy.

Comprehensive Regulatory Compliance

Beyond our commitment to TCPA compliance, Home Connect adheres to a range of regulatory frameworks governing consumer privacy and protection. Home Connect’s practices are designed to meet or exceed these standards, ensuring data security and privacy for all individuals in jurisdictions where we operate.

Federal Communications Commission (FCC): Home Connect follows FCC guidelines, especially those related to digital and telecommunications practices, ensuring all communications are conducted in line with FCC consumer protection expectations.

Federal Trade Commission (FTC): Home Connect aligns its practices with FTC standards, emphasizing transparency, fairness, and respect for consumer rights in every interaction.

General Data Protection Regulation (GDPR): In applicable jurisdictions, Home Connect complies with GDPR’s strict data protection standards, safeguarding the rights and privacy of affected individuals.

California Consumer Privacy Act (CCPA): For California residents, Home Connect complies with CCPA requirements, providing transparency and control over personal information in line with California’s privacy standards.

Children’s Online Privacy Protection Act (COPPA) and Health Insurance Portability and Accountability Act (HIPAA): Where relevant, Home Connect adheres to COPPA and HIPAA standards to protect sensitive data, including information related to minors and health, ensuring responsible data management.

Through our adherence to these standards and a commitment to best practices, Home Connect ensures that its practices go beyond minimum legal requirements. Our comprehensive approach underscores our dedication to ethical communication, consumer privacy, and data security, building trust and accountability in all jurisdictions in which we operate.