Why Smaller Associations & MLS Organizations Should Make a Deal Soon
Jan 24, 2024
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The podcast discusses the new FCC rules on lead generation in the insurance and real estate industries. They analyze the implications for platforms like Zillow and Redfin, as well as the challenges of buying and selling lists. They also touch on MLSs' curiosity and skepticism, potential lawsuits against title companies, and the importance of collaboration and general counsel. The hosts reflect on past predictions and hint at future implications of the FCC.
The new FCC rules on lead generation require specific one-to-one consent from consumers and have significant implications for the insurance and real estate industries.
Smaller MLSs should consider collaborating with industry associations to navigate the increased legal scrutiny and ensure continued viability in the face of mounting legal costs.
Deep dives
New FCC rules on lead generation
The FCC has announced new rules regarding lead generation, specifically targeting the practice of sending leads from consumers to multiple advertisers. The new rules require specific one-to-one consent from consumers to be contacted by a specific seller or service provider. This has significant implications for the industry, as it affects lead generation websites and their ability to resell leads. The rules prohibit automated robocalls, robotex, and voice calls made using pre-recorded voices without clear and conspicuous consent from the consumer. Marketing calls must also be related to what the consumer is searching for, preventing the resale of leads. The insurance industry has already voiced concerns over the impact of these rules.
Changes for real estate portals
Real estate portals like Zillow and Redfin, who often send leads to agents, are also affected by the new FCC rules. While Zillow's model of connecting consumers with premier agents and Redfin's practice of redirecting leads to their partners may still comply with the regulations, adjustments will likely need to be made. It remains to be seen how these portals will navigate the new rules and ensure compliance. The focus on obtaining specific one-to-one consent from consumers may result in these portals displaying a list of agents for consumers to choose from, rather than sending leads to multiple advertisers.
Implications for small MLSs
The significant number of lawsuits targeting MLSs in recent years has led to concerns for smaller MLSs with limited resources. These smaller MLSs, making up a large portion of the industry, may face challenges in defending themselves in legal battles. The mounting legal costs and the need for expert counsel may put strain on their operations. Collaboration between smaller MLSs and industry associations may be necessary to maintain their viability in the face of increased legal scrutiny.
The need for legal support in the industry
With the rising number of lawsuits and regulations impacting the real estate industry, having legal support has become crucial. The changing landscape of lead generation practices and the potential legal implications call for MLSs, brokerages, and agents to ensure they have access to legal expertise. It is advised that legal counsel be present at industry conferences and events to address any concerns and provide guidance on legal compliance.
How are the FCC rules on lead generation reshaping the insurance and real estate industries? In this episode, Rob and Greg break down the new FCC rules on lead generation and how they are impacting the insurance and real estate industries. Learn how these rules aim to prevent automated robo calls or texts without clear consumer disclosure. Rob and Greg explore the implications for industries like insurance and real estate, including lead resale and lead distribution platforms such as Zillow and Redfin. They also speculate on potential changes for Redfin, such as providing a list of partner agents when a consumer requests to see a house.
Tune in as Rob and Greg analyze how these changes are shaping the evolving landscape of the real estate industry.
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