Contacting homeowners in Ohio: Do Not Call and telemarketing rules for investors

Why Ohio telemarketing rules for real estate investors matter

A single unwanted call to a number on the National Do Not Call Registry can become a complaint, and complaints can turn into enforcement or a private lawsuit. That is the practical starting point for any Ohio telemarketing rules conversation for real estate investors. Buying houses is a legitimate business, and kind intentions do not decide whether a call is covered: the definitions in the rules do.

Two layers apply. Federal law sets the baseline through the Telephone Consumer Protection Act and the FTC's Telemarketing Sales Rule. Ohio adds its own telephone solicitation statute (Chapter 4719 of the Ohio Revised Code), and its Consumer Sales Practices Act bars unfair and deceptive acts in consumer transactions.

This article is general information, not legal advice. Whether an exemption or a registration requirement applies to your business is a question for an Ohio attorney.

Common outreach methods and the main rules to consider

Rules vary by state. General information, not legal advice.

What the federal Do Not Call rules require

Respect the National Do Not Call Registry. The federal rule bars telephone solicitations to a residential number on the registry unless an exception applies, such as the person's prior express invitation or permission or an established business relationship (47 C.F.R. 64.1200(c)(2), (f)). The FCC defines a telephone solicitation as a call encouraging the purchase or rental of, or investment in, property, goods or services, so whether a call offering to buy a house is covered depends on the facts.

Keep your own opt-out list. A caller making telemarketing calls must keep its own do-not-call list and honor a request to stop, even if the number is not on the registry (47 C.F.R. 64.1200(d)). Train everyone who dials for you to treat "please don't call again" as final.

Follow the basic call rules.

• Telephone solicitations are barred before 8 a.m. and after 9 p.m. in the homeowner's local time (47 C.F.R. 64.1200(c)(1)).
• Say who you are and why you are calling at the start of the call.
• Show accurate caller ID information.
• Do not misrepresent what you do, who you work for or what you are offering.

The FTC's business guidance on the Telemarketing Sales Rule is the best plain-language starting point.

Texts, voicemails and automated calls

Texts count. The FCC applies its calling rules to text messages, including the Do Not Call rules for texts to cell phones (47 C.F.R. 64.1200(e)). Mass texting to people who never agreed to hear from you is one of the most common ways investors get into legal trouble.

Prerecorded and ringless voicemail are higher risk. Prerecorded messages and autodialed calls or texts to cell phones require the recipient's prior express consent, and telemarketing calls of that kind require prior express written consent (47 C.F.R. 64.1200(a)(1)-(3)). A homeowner who has never heard of you has not given it.

If you are unsure whether your dialing or messaging setup is covered, treat it as covered and get legal advice before you send anything at volume.

What Ohio law adds

Telephone solicitor rules. Ohio's telephone solicitation statute covers calls that offer or induce the purchase of goods or services, requires a telephone solicitor to register with the Attorney General, and lists several exemptions (R.C. 4719.01, 4719.02). Whether a house buyer falls inside or outside those rules depends on the facts of how you operate, so do not assume either way. Confirm with an attorney.

Deception is its own problem. Ohio's Consumer Sales Practices Act prohibits unfair and deceptive acts by a supplier in a consumer transaction, which it defines as a sale or other transfer of goods or services to an individual (R.C. 1345.01, 1345.02), so whether it reaches a given house purchase depends on the deal. Pretending to be a neighbor, hiding that you are an investor, or implying a deadline that does not exist also destroys trust, even if your call timing is perfect.

Wholesaling and licensing. Rules about marketing contracts, brokerage activity and disclosures can vary and change. Ask an Ohio real estate attorney how they apply to your deals.

How to reach out respectfully

Match the method to the situation. Homeowners dealing with a death, a divorce or money trouble are often overwhelmed. A short, plain letter that says who you are, what you do and how to say no is often easier to receive than a surprise call.

Make saying no easy. Give a clear way to opt out, and honor it right away. Keep a written list of everyone who has declined so no one is contacted twice.

Keep the pitch honest. Say you are an investor, explain that you may offer less than a retail sale, and never pressure anyone to sign quickly. People who feel respected are more likely to call you back or refer a neighbor.

The filings behind many of these situations are public records. Keystone delivers them with the owner and property already matched, county by county, and you can see what that looks like on the Ohio page. How you contact the owner afterward is still your responsibility under the rules above.