TCPA & CAN-SPAM Compliance Addendum

1.Why This Matters

Real estate professionals are frequent targets of TCPA and CAN-SPAM enforcement and private class actions. Per-message statutory damages range from $500 to $1,500 (TCPA) and up to $50,120 per CAN-SPAM violation. Compliance is your responsibility as the sender. Praedium provides some tooling (for example, contact-level do-not-contact and email-opt-in flags), but not all controls described below are built or automatically enforced yet; the underlying consent, identification, and opt-out obligations rest with you and your brokerage.

2.Applicable Laws

You agree to comply with the following at all times when using the Services to communicate with Recipients:

• CAN-SPAM Act (15 U.S.C. §§ 7701 et seq.) and FTC implementing rules
• Telephone Consumer Protection Act (TCPA) (47 U.S.C. § 227) and FCC implementing rules, as in effect from time to time
• Federal “Do Not Call” Registry rules (16 C.F.R. Part 310)
• State equivalents (e.g., Florida Telephone Solicitation Act, Oklahoma Telephone Solicitation Act, Washington CEMA)
• Wireless carrier messaging rules (10DLC registration, brand and campaign approval)
• Real estate licensing rules governing solicitations in your jurisdiction
• All other applicable federal, state, and local laws

3.Email — CAN-SPAM Requirements

Every commercial email you send through the Services must:

• 3.1. Identify the sender. Use a truthful “From,” “To,” “Reply-To,” and routing-information line that accurately identifies the licensed real estate professional or brokerage sending the message.
• 3.2. Use a non-deceptive subject line. Subject lines may not misrepresent the content of the message.
• 3.3. Disclose advertising character. Identify the message as an advertisement where required (transactional messages are exempt; mixed-purpose messages must follow the “primary purpose” rule).
• 3.4. Include a valid physical postal address. CAN-SPAM requires a valid physical mailing address in every commercial email. An automatic postal-address footer is planned but not yet available; until it ships, you are responsible for including your brokerage’s physical mailing address in the body of messages you send.
• 3.5. Provide a working opt-out. Every commercial email must include a clear and conspicuous unsubscribe mechanism. An automatic one-click unsubscribe link is planned but not yet available; until it ships, you are responsible for providing a working opt-out mechanism in your messages.
• 3.6. Honor opt-outs within 10 business days. Contacts can be marked with do-not-contact / email-opt-in flags, but the platform does not yet automatically block sends to opted-out contacts; until that enforcement ships, you are responsible for honoring opt-outs and must not re-add or import contacts who have opted out. You must not re-add a suppressed contact or import contacts who have previously opted out.
• 3.7. Do not sell or transfer email addresses of opt-outs. CAN-SPAM prohibits transferring opt-out lists except as part of an aggregate suppression list shared with another sender for compliance purposes.

4.SMS / Text Messaging — TCPA Requirements

4.1. Prior express written consent.

You must obtain prior express written consent from each Recipient before sending any marketing SMS or MMS message. Consent must be:

• Clear and conspicuous
• Specific to the channel (texts at this number)
• Specific to the sender (your brokerage by name)
• Documented (timestamp, IP, opt-in language, and source preserved)

4.2. Seller-specific consent (platform standard).

The FCC’s “one-to-one consent” rule was vacated by the U.S. Court of Appeals for the Eleventh Circuit in January 2025 (Insurance Marketing Coalition Ltd. v. FCC) and is not currently in effect as a regulatory requirement. As a platform standard and litigation best practice, Praedium nevertheless requires that consent be obtained on a seller-specific basis (naming your brokerage) and not shared, bundled, or transferred among multiple unaffiliated marketers from a single consent action. Seller-specific consent remains the strongest documented defense in TCPA litigation, and similar requirements may be reinstated by future FCC rulemaking or imposed by state law.

4.3. Required message identification.

The first message in any marketing program must identify the brokerage by name, state that messages are recurring, disclose that message and data rates may apply, and provide HELP and STOP instructions.

4.4. Opt-out keywords.

The Services support STOP, END, QUIT, CANCEL, UNSUBSCRIBE, OPT OUT, OPTOUT, and STOPALL as universal opt-out keywords. You must not override or suppress these.

4.5. Quiet hours.

Do not send marketing SMS between 9:00 PM and 8:00 AM in the Recipient’s local time zone, unless the Recipient is an established customer who has consented to off-hours communication.

4.6. Carrier registration (10DLC / Toll-Free).

You must register the brand and campaign before sending SMS through the Services. Unregistered traffic is blocked by carriers and may incur surcharges.

4.7. Do Not Call interaction.

Add suppressed numbers to your internal Do Not Call list and check against the National DNC Registry before any prospecting outreach.

5.Automated Calls and Pre-Recorded Voice

You shall not use the Services to place autodialed or pre-recorded voice calls to mobile numbers or to residential numbers without the prior express written consent required by 47 U.S.C. § 227(b). Manual click-to-call functionality may be used subject to DNC and state telemarketing rules.

6.Records and Proof of Consent

You shall retain proof of consent for at least four (4) years for each Recipient and shall produce such proof on Praedium’s reasonable request in the event of a complaint, regulatory inquiry, or carrier inquiry. Acceptable proof typically includes:

• The opt-in form or web page (URL, screenshot, language)
• The timestamp and IP address of the opt-in event
• The contact information provided at opt-in
• The exact consent language presented

7.Praedium Platform Controls

Praedium provides the following controls and reserves the right to use them to maintain compliance and platform integrity:

• Mandatory unsubscribe footer on commercial email (planned — not yet available)
• Contact-level do-not-contact / email-opt-in flags (automated send-time suppression is planned — not yet enforced)
• Universal STOP / HELP handling for SMS (planned — available when SMS ships)
• Quiet-hours enforcement options (planned — available when SMS ships)
• Send-rate throttling
• Brand and campaign registration tooling for 10DLC (planned — available when SMS ships)
• Audit logs of consent capture, opt-outs, and message dispositions (planned)
• Suspension or termination of accounts that generate excessive complaints, spam-trap hits, or carrier blocks

8.Prohibited Conduct

You shall not, in connection with the Services:

• Send commercial messages to Recipients who have not provided required consent
• Use scraped, purchased, rented, or otherwise non-consented lists
• Disable, obscure, or remove unsubscribe mechanisms
• Re-add or re-import contacts after opt-out
• Use false or misleading sender, subject, or header information
• Impersonate another agent, brokerage, MLS, or organization
• Send messages that violate fair housing laws (see Fair Housing Compliance Statement)
• Use the Services to facilitate spoofing, robocalls, or text-message scams

9.Enforcement

Violations of this Addendum may result in:

• Immediate message-channel suspension
• Account suspension or termination
• Reporting to wireless carriers, ESPs, or regulators
• Reporting to your MLS or licensing authority
• Indemnification claims against you under Section 13 of the SaaS Agreement

10.Indemnification

You agree to indemnify, defend, and hold harmless Praedium Insights LLC and its affiliates, officers, directors, employees, and agents from any claim, demand, regulatory action, fine, penalty, or judgment (including reasonable attorneys’ fees) arising out of your violation of TCPA, CAN-SPAM, DNC rules, state messaging laws, carrier rules, or this Addendum.

11.Changes

We may update this Addendum to reflect changes in law, carrier rules, or platform capabilities. Material changes will be communicated through the Services or via email.

12.Contact

General questions: support@praediuminsights.com
Abuse / complaints: abuse@praediuminsights.com
Privacy / consent issues: privacy@praediuminsights.com

Praedium Insights LLC
https://praediuminsights.com