Latest / Connor with Honor: AI, Real Estate and Real Life / Artificial Intelligence cold calling systems and SMS discussion for California Realtors and Businesses
Transcript
- 0:00SPEAKER_00: AI voice calling is about to become one of the most powerful tools in real estate, and that's exactly why we can't get sloppy with it.
- 0:06SPEAKER_00: Now I'm building this technology.
- 0:08SPEAKER_00: I believe in it.
- 0:09SPEAKER_00: AI voice systems can carry conversations and answer configures questions, qualify callers, book appointments, and transfer to a human when properly integrated.
- 0:19SPEAKER_00: It's amazing, but amazing technology doesn't create its own permission.
- 0:23SPEAKER_00: I recently heard an idea that sounds irresistible on the surface.
- 0:27SPEAKER_00: So you take a cold list of homeowners from title data and you give it to an AI voice agent and let that system call for sellers.
- 0:34SPEAKER_00: Now, I I can set this up.
- 0:36SPEAKER_00: It can be automated completely, and the scripts and the sound and the and the entire workflow and process all the way into end, I'm sure, would work and book many different appointments.
- 0:47SPEAKER_00: And you just let that system call for sellers.
- 0:49SPEAKER_00: Now, thousands of conversations without thousands of hours on the phone.
- 0:53SPEAKER_00: And that's a real business advantage.
- 0:55SPEAKER_00: But if those owners never asked for an AI call, never gave the required consent, the advantage can become an evidence file.
- 1:04SPEAKER_00: I want to be precise about why I'm saying this.
- 1:07SPEAKER_00: I'm not an attorney.
- 1:08SPEAKER_00: This isn't legal advice.
- 1:10SPEAKER_00: I'm not naming a brokerage or attacking a broker or claiming that anyone has already broken a law.
- 1:16SPEAKER_00: An idea is not a completed call, and I don't know that any such campaign is ever launched.
- 1:22SPEAKER_00: I'm making my position clear as of September 14th, 2026, because silence around a risky idea can start looking like agreement.
- 1:31SPEAKER_00: I don't agree that a cold title list can simply be loaded into an AI voice system for sellers prospecting without real compliance review and documented consent.
- 1:40SPEAKER_00: Now, the first mistake is treating the phone number as permission.
- 1:43SPEAKER_00: A title record may help identify an owner.
- 1:46SPEAKER_00: It may connect a property or name a number, but identifying data is not consent.
- 1:53SPEAKER_00: A phone number being available doesn't mean an owner invited a marketing call from an artificial voice.
- 1:59SPEAKER_00: The permission has to come from the person being called.
- 2:02SPEAKER_00: And for AI telemarketing calls to cell phones and residential lines, federal rules genuinely require prior express written consent.
- 2:11SPEAKER_00: That means a written or electronic agreement.
- 2:13SPEAKER_00: The number authorized, a clear disclosure that telemarketing calls may use an artificial or pre-recorded voice and a signature recognized by law.
- 2:22SPEAKER_00: The person also can't be forced to agree as a condition of buying property, goods, or services.
- 2:28SPEAKER_00: An SMS campaign doesn't establish permission for an AI voice call either.
- 2:33SPEAKER_00: Texting has its own rules.
- 2:34SPEAKER_00: A history of sending messages does not provide per approve those messages were lawful or authorize a different channel.
- 2:41SPEAKER_00: Now, some people hear the word robocall and picture an old recording telling them press one for this and two for that.
- 2:48SPEAKER_00: Therefore, they assume a smart AI that listens and responds must be completely different, because, I mean, it's just like a human.
- 2:56SPEAKER_00: Well, the Federal Communications Commission answered that question in 2024.
- 3:01SPEAKER_00: AI-generated human voices fall within the Telephone Consumer Protection Act rules for artificial or pre-recorded voice calls.
- 3:09SPEAKER_00: The machine can sound warm, it can pause, it can joke, it can answer questions, give complete information, but none of that turns it into a human caller.
- 3:19SPEAKER_00: There's another technical argument that gets thrown around.
- 3:22SPEAKER_00: The numbers come from a fixed list, or it came from a fixed list, not a random number generator, so the call must be safe.
- 3:29SPEAKER_00: Well, that misses the second lane of the law.
- 3:31SPEAKER_00: The artificial voice restriction stands on its own.
- 3:35SPEAKER_00: A system doesn't have to lose a fight over the definition of an automatic telephone dialing system before an AI-generated voice creates risk.
- 3:43SPEAKER_00: The voice itself isn't the issue.
- 3:45SPEAKER_00: Now add to that the do-not-call rules.
- 3:48SPEAKER_00: Now that's a separate checkpoint, not a courtesy.
- 3:50SPEAKER_00: A law for operation needs written procedures, trained people, an internal do-not-call list.
- 3:57SPEAKER_00: Current national do-not-call registry screening were required, and of course, proper calling hours, accurate caller information, and immediate handling of stop requests.
- 4:06SPEAKER_00: The Federal Trade Commission says the registry data used for screening must be refreshed at least 31 days.
- 4:13SPEAKER_00: Every 31 days.
- 4:14SPEAKER_00: A person who says stop isn't a lead to recycle through another campaign.
- 4:19SPEAKER_00: Stop means stop.
- 4:20SPEAKER_00: No means no.
- 4:21SPEAKER_00: California adds another layer.
- 4:23SPEAKER_00: State law regulates automatic dialing announcing devices.
- 4:27SPEAKER_00: Where that law applies, the device can operate only after a natural, unrecorded human voice states the nature of the call, gives the name, address, and telephone number of the organization, asks whether the person consents to hear the recorded message and discloses when the message uses an artificial voice.
- 4:46SPEAKER_00: For covered calls placed within California and received within California, the statute also bars operation between 9 p.m.
- 4:53SPEAKER_00: and 9 a.m.
- 4:54SPEAKER_00: California time, Pacific Standard.
- 4:56SPEAKER_00: But there's a critical point.
- 4:58SPEAKER_00: A yes given after an unexpected call begins should not be treated as a substitute for the prior written consent federal law requires for artificial voice telemarketing.
- 5:08SPEAKER_00: State compliance does not cancel federal compliance.
- 5:12SPEAKER_00: We have to satisfy both.
- 5:14SPEAKER_00: And there is, well, the recording.
- 5:38SPEAKER_00: Get affirmative consent.
- 5:40SPEAKER_00: If the person doesn't agree, then don't record.
- 5:43SPEAKER_00: That's where the numbers get violent.
- 5:46SPEAKER_00: The Telephone Consumer Protection Act allows a person to seek actual loss or$500 for each violation, whichever is greater.
- 5:54SPEAKER_00: A court may raise that to as much as three times the amount for a willful or knowing violation.
- 5:59SPEAKER_00: One bad call is a problem.
- 6:01SPEAKER_00: A thousand bad calls can become arithmetic.
- 6:04SPEAKER_00: The Federal Trade Commission can also pursue major civil penalties and injunctions for telemarketing sales rules violations.
- 6:12SPEAKER_00: Scale doesn't dilute the risk, scale just multiplies it.
- 6:16SPEAKER_00: The builder has exposure too.
- 6:18SPEAKER_00: The FTC warns that a third party can violate the telemarketing sales rules by substantially assisting a seller or telemarketer while knowing or consciously avoiding knowing that the campaign is violating that rule.
- 6:33SPEAKER_00: Automated dialing software and telephony services are examples of the FTC tells providers to examine.
- 6:40SPEAKER_00: So I cannot build the engine or hear that the fuel may be dirty, close my eyes and claim I only sold the car.
- 6:47SPEAKER_00: A vendor agreement is not a magic vest.
- 6:50SPEAKER_00: In law enforcement, we use the phrase full fruit of the poisonous tree.
- 6:54SPEAKER_00: That's criminal evidence doctrine.
- 6:56SPEAKER_00: I'm using it here only as an analogy.
- 6:58SPEAKER_00: It's not the legal test for a telemarketing case, but the picture still matters.
- 7:03SPEAKER_00: If the first step is contaminated, a polished outcome doesn't mean that the first step is clean.
- 7:09SPEAKER_00: If the cop finds the murder weapon but has an illegal search, well, the murder gets thrown out.
- 7:14SPEAKER_00: Now that title data is not the poison.
- 7:16SPEAKER_00: AI is not the poison.
- 7:18SPEAKER_00: Cold calling by a real human is not automatically the poison either.
- 7:22SPEAKER_00: That contaminated step is using an artificial voice for telemarketing without the consent and controls the law requires.
- 7:30SPEAKER_00: A listing appointment at the end doesn't sanitize the way the conversation began.
- 7:34SPEAKER_00: The good news is that none of this kills the technology.
- 7:37SPEAKER_00: It tells us how to build it correctly.
- 7:40SPEAKER_00: AI voice can be valuable for inbound calls, property, properly consented callbacks, appointment reminders, and of course, customer support.
- 7:48SPEAKER_00: Each use needs its own review.
- 7:51SPEAKER_00: A demo request, existing customer relationship, or a general opt-in is not automatically sufficient for an outbound AI sales call.
- 7:59SPEAKER_00: The purpose, number, consent language, and actual call flow matter.
- 8:03SPEAKER_00: The system can maintain a consent ledger showing who agreed, when they agreed, what disclosure they saw, and which number they authorized, and which seller they authorized as well.
- 8:13SPEAKER_00: It can scrub suppression lists, enforce local calling windows, identify the responsible business, disclose that it is AI, honor an opt-out in real time, gate recording behind consent, preserve audit logs, and stop the campaign when proof is missing.
- 8:29SPEAKER_00: That's not friction, that's the product.
- 8:31SPEAKER_00: My line is simple.
- 8:33SPEAKER_00: I will not knowingly help launch a cold AI voice seller prospecting from title data unless qualified counsel has reviewed the exact call flow and the operator can produce the consent.
- 8:44SPEAKER_00: Do not call disclosure, recording and record keeping proof for that particular flow.
- 8:49SPEAKER_00: If somebody believes a different path is lawful, put that exact legal basis in writing and let the compliance people test it.
- 8:57SPEAKER_00: A vendor saying that the system can make the call is not the same as counsel saying the campaign can make the call.
- 9:03SPEAKER_00: I can build this all day long and it's stellar and perfect and it'll make all the calls you want.
- 9:08SPEAKER_00: But I'm saying this because I want technology to win.
- 9:11SPEAKER_00: I want brokerages to use it.
- 9:13SPEAKER_00: I want sales to get faster and sellers to get faster answers and better service.
- 9:18SPEAKER_00: But the fastest way to destroy trust in AI voice is to make it the stranger that calls a homeowner without permission and pretends the rules belong to yesterday.
- 9:27SPEAKER_00: So this is the record.
- 9:28SPEAKER_00: So I support AI voice.
- 9:30SPEAKER_00: I built a whole system higheraivoice.com.
- 9:33SPEAKER_00: I'm building AI voice and will defend good AI voice.
- 9:36SPEAKER_00: But consent is the permission line.
- 9:38SPEAKER_00: And we don't cross it because the machine is brilliant or the paycheck looks like it's going to work out.
- 9:43SPEAKER_00: The machine didn't erase the permission line, it only made crossing it a little bit faster.
- 9:48SPEAKER_00: I'm Connor with Honor.
- 9:49SPEAKER_00: Thank you for watching.