Fellow real estate professionals, we need to talk about a dangerous misconception that's still floating around our industry. The Old (Wrong) Thinking: "If I call as an investor wanting to BUY their house, it's not a solicitation under TCPA because I'm not asking THEM to buy anything from ME." The Court Reality Check: A recent federal court case (Coffey v. Fast Easy Offer LLC, 2025) just put the final nail in this coffin. Here's what actually happened: The Facts: - Company called homeowners saying they wanted to buy their homes - Homeowners were on the Do-Not-Call registry - Company argued: "We're offering to BUY, not asking them to buy from us!" - The court said: NOPE. Still dismissed the case, but NOT for the reason you think. What the Court Actually Said: The court ruled that these "we want to buy your house" calls ARE NOT solicitations under TCPA because: 1. The statutory definition is crystal clear : Solicitation means encouraging someone to "purchase, rent, or invest in property, goods, or services" 2. Buying ≠ Selling : When you offer to buy someone's house, you're not encouraging THEM to purchase anything 3. Even the "hidden service fee" argument failed : The plaintiff tried arguing that the below-market offer was really a disguised service fee, but the court said "nice try, but no." The Key Quote That Matters: "The calls and texts therefore cannot constitute 'solicitations' within the plain statutory meaning of the term, and it is this statutory meaning that must carry the day." What This Means for You: ✅ "We buy houses" calls - Likely NOT TCPA violations ❌ "Let us list your house" calls - Definitely ARE solicitations ❌ "We can help you sell" calls - Soliciting services = violation The Bigger Picture: This doesn't mean you should start mass calling DNC numbers. There are still: - State telemarketing laws - Other federal regulations - Potential harassment claims - Professional licensing issues Bottom Line: The law distinguishes between offering to BUY something vs. offering to SELL services. But don't let this ruling make you reckless - compliance is still king.