TCPA Compliance & Liability Agreement
For Licensed Real Estate Professionals
1. Independent Responsibility
Agent acknowledges and agrees that all communications (calls, texts, emails, voicemails, or otherwise) made to leads purchased from OwnerFi are the sole responsibility of the Agent and Agent's brokerage.
2. Compliance Obligations
Agent expressly agrees to:
- •Comply with the federal Telephone Consumer Protection Act (TCPA), the Telemarketing Sales Rule (TSR), and all applicable state "mini-TCPA" laws (including but not limited to Florida, Oklahoma, Washington, and any state Do Not Call registry laws).
- •Honor all opt-out requests (STOP, unsubscribe, or equivalent) within 24 hours of receipt.
- •Maintain and update an internal Do Not Call list and suppress all contacts who have opted out.
- •Properly identify themselves and their brokerage in all communications.
- •Use automated dialing or texting systems only in compliance with applicable laws.
3. Indemnification
Agent agrees to indemnify, defend, and hold harmless OwnerFi, Prosway, and their affiliates, officers, directors, employees, and contractors from and against any and all claims, damages, fines, penalties, settlements, costs, or expenses (including reasonable attorneys' fees) arising from or related to Agent's communications with leads, including but not limited to TCPA or state telemarketing violations.
4. Independent Contractor Status
Agent acknowledges they are an independent contractor, not an employee or representative of OwnerFi. All communications made to leads are made on behalf of the Agent and/or Agent's brokerage only.
5. Termination for Non-Compliance
OwnerFi reserves the right to immediately suspend or terminate Agent's access to leads in the event of suspected or confirmed TCPA/telemarketing non-compliance, without refund, and to provide proof of such violations to regulators if required.
⚖️ Legal Notice
This agreement is binding and enforceable. By purchasing leads from OwnerFi, you agree to these terms. Violation of these terms may result in immediate termination of services, forfeiture of fees paid, and potential legal action for indemnification of any resulting claims or damages.