Acquigine: Find more deals. Structure smarter. Close faster.

Version v1.2 · Effective October 7, 2026

Applies To: All Acquigine subscribers, their employees, contractors, and agents who use data, documents, or workflows generated through the Acquigine platform to contact property owners, business owners, or any other parties by email, SMS, telephone, or electronic signature platforms.

1. Subscriber Responsibility

1.1 You Are the Sender

When you transmit emails, text messages, phone calls, or electronic signature requests using data or documents from Acquigine, you are the legal sender and initiator of those communications. Messages are sent through your own connected accounts, your own identity, and your own tools. You, not Acquigine, bear full legal responsibility for compliance with all applicable federal, state, and local laws governing those communications.

1.2 What Acquigine Provides

Acquigine provides acquisition intelligence data, opportunity scoring, document templates (letters of intent, purchase and sale agreements), and workflow structure. Acquigine does not provide:

Legal advice or compliance determinations
Consent on your behalf
DNC registry scrubbing or compliance verification
Opt-out management for your outbound campaigns
Assurance that any contact data point is legally contactable

1.3 Your Affirmation

By using Acquigine, you affirm that you will comply with this policy and all applicable laws. You agree to maintain your own legal counsel for compliance questions specific to your outreach activities.

2. Definitions

Cold Outreach. Any email, SMS, phone call, or document request sent to a property owner, business owner, or counterparty with whom you have had no prior direct contact and from whom you have received no response, request, or engagement.
Active Deal Communication. Any communication sent to a party who has responded to your outreach, requested information, scheduled a call, engaged in negotiation, or otherwise indicated willingness to communicate with you about a specific transaction.
Prior Express Written Consent (PEWC). A written, signed (including electronic signature) agreement from a recipient authorizing you to send marketing text messages or calls using an automated dialing system. Must specify your name and the type of messages. Public records, skip-trace data, property ownership, and the existence of a phone number do not constitute PEWC.
DNC Registry. The Federal Trade Commission's National Do Not Call Registry, as well as any applicable state-level do-not-call registries.
Autodialer / ATDS. Any system or platform that stores or produces telephone numbers to be called and dials them automatically, including predictive dialers, power dialers, click-to-call systems, and bulk SMS platforms.
Commercial Email. Any electronic mail message whose primary purpose is the commercial advertisement or promotion of a product or service, including outreach offering to purchase property or a business.

3. Email Outreach Policy (CAN-SPAM Act)

3.1 Cold Email Is Permitted With Full Compliance

You may send unsolicited commercial emails to property owners, business owners, and other parties identified through Acquigine, public records, or skip-trace enrichment, provided every email meets all seven CAN-SPAM requirements:

Accurate header information. Your “From,” “To,” and “Reply-To” fields must accurately identify you or your business. No spoofed or misleading sender information.
No deceptive subject lines. Subject lines must accurately reflect the content of the message. No fake “RE:” or “FWD:” prefixes on messages that are not replies or forwards. No urgency-manufacturing subjects that misrepresent the content.
Identify the message as an advertisement. Every cold outreach email must clearly and conspicuously disclose that it is a commercial communication.
Valid physical postal address. Every email must include your valid physical postal address. This may be a street address, a PO Box registered with the US Postal Service, or a private mailbox registered with a commercial mail receiving agency.
Functional opt-out mechanism. Every email must include a clear, conspicuous, and working opt-out or unsubscribe mechanism. It cannot require the recipient to log in, create an account, or visit more than a single page.
Honor opt-outs within 10 business days. You must process all opt-out requests within 10 business days of receipt and permanently suppress that address from all future campaigns. Suppression must persist across all tools, campaigns, and team members.
No third-party delegation of liability. If you hire a vendor, assistant, or service to send emails on your behalf, you remain fully liable for their compliance. CAN-SPAM does not transfer liability to third parties.

3.2 Penalties

Each separate email in violation of CAN-SPAM is subject to penalties of up to $53,088 (2025 inflation-adjusted ceiling), with no cap on total aggregate penalties. Violations are enforced by the Federal Trade Commission.

3.3 Technical Requirements

In addition to CAN-SPAM, major email providers enforce their own technical requirements. You are responsible for:

SPF, DKIM, and DMARC authentication on any sending domain
Maintaining spam complaint rates below 0.3% for bulk senders
Using a sending domain separate from your primary business domain for high-volume cold outreach

4. SMS and Text Messaging Policy (TCPA)

4.1 No Cold SMS Without Prior Express Written Consent

Acquigine prohibits subscribers from sending marketing SMS or text messages to any contact sourced from public records, skip-tracing, or platform data unless the subscriber possesses auditable Prior Express Written Consent from that recipient.

This is a platform policy that exceeds the minimum legal floor. The Telephone Consumer Protection Act (TCPA) classifies text messages as “calls.” Marketing texts sent via any automated system, bulk platform, 10DLC campaign, autodialer, or texting software to a mobile number require PEWC before the first message is sent.

4.2 What Does Not Constitute Consent

The phone number was obtained from public property records
The phone number was obtained through skip-trace enrichment
The recipient owns the property or business you are targeting
The phone number is publicly listed
The recipient has not registered on the DNC list
You are sending manually rather than through an automated system
A previous email recipient did not opt out of email (email consent does not transfer to SMS)

4.3 DNC Registry Requirements

Before sending any text message or making any phone call to a contact identified through Acquigine, you must:

Scrub the phone number against the federal National Do Not Call Registry
Scrub against any applicable state-level do-not-call registries
Check against your internal suppression list
Re-scrub at minimum every 31 days, as DNC registrations are updated continuously

The DNC registry held more than 258 million numbers as of fiscal year 2025. A significant portion of any contact list will be registered. DNC scrubbing is required regardless of consent status.

4.4 Consent Revocation

As of April 11, 2025, recipients may revoke consent in any reasonable manner, including but not limited to:

Replying “STOP,” “QUIT,” “UNSUBSCRIBE,” or “CANCEL”
Replying with any clear instruction to stop
Verbally requesting cessation during a phone call
Emailing a request to stop

You must honor all revocation requests within 10 business days and suppress the number across all campaigns, team members, and tools permanently.

4.5 Calling Hours

All phone calls and text messages must be sent between 8:00 AM and 9:00 PM in the recipient's local time zone. Messages outside this window are violations regardless of consent status.

4.6 Penalties

Call or text without required consent , $500 per violation
Willful or knowing violation , $1,500 per violation (treble damages)
DNC registry violation , $500 to $1,500 per call/text
FTC Telemarketing Sales Rule violation , up to $53,088 per call

TCPA violations carry no cap on aggregate damages and are a primary driver of class-action litigation. Plaintiffs' attorneys actively seed skip-traced lists to bait violations.

4.7 Manual Texting

Manual, individualized one-to-one text messages sent from a personal phone, with no automation, may carry lower risk under the TCPA's autodialer provisions. However, Acquigine still requires PEWC for any marketing text regardless of delivery method. State mini-TCPA laws in Florida, California, Washington, Oklahoma, and other states may impose additional restrictions that apply regardless of federal rules.

5. Telephone Calling Policy

5.1 General Compliance and Data Characterization

Subscribers acknowledge that public records and skip-trace enrichment frequently yield mixed-use data (e.g., personal cell phones used by sole proprietors or property owners). The platform does not classify its data as purely B2B. Subscribers assume all legal responsibility for determining the regulatory status of each phone number dialed.

5.2 Permitted Outbound Calling Criteria

Cold calling property and business owners is permitted strictly under the condition of total compliance with the TCPA, TSR, and applicable state telemarketing laws. Subscribers must adhere to the following operational mandates:

National and State DNC Scrubbing: Subscribers must scrub all calling lists against the National Do Not Call Registry and all applicable State-level DNC registries prior to the execution of any campaign, and at least once every 31 days thereafter.
Permitted Calling Hours: Outbound calls may only be placed between 8:00 AM and 9:00 PM recipient local time. Subscribers must cross-reference recipient zip codes to account for time zone differences.
State-Specific Time Restrictions: Several states enforce stricter calling windows than the federal baseline described above. Subscribers must independently verify and abide by the strictest applicable local standard for every state in which they place calls.
Immediate Opt-Out Processing: Subscribers must immediately honor verbal or digital “stop,” “remove,” or “do not call” requests. The call must be terminated professionally, and the number must be added to the subscriber's internal DNC list within 24 hours.
Mandatory Caller Identification: At the beginning of every call, the caller must clearly state their identity, the identity of the business they represent, and a valid callback telephone number.
Internal DNC List Maintenance: Subscribers must maintain a centralized, updated internal DNC list. Numbers on this list must be permanently blocked from all future outreach across all campaigns.
Automated Dialing (ATDS) Prohibition: Subscribers are strictly prohibited from using an Automated Telephone Dialing System (ATDS), predictive dialer, or prerecorded/artificial voice messages to call wireless numbers or residential lines without documented, prior express written consent.

5.3 Automated, Artificial, and Prerecorded Telemarketing Policy

5.3.1 Core Prohibition on Unsolicited Automated Sourced Outreach

Because public records and skip-trace enrichment do not provide Prior Express Written Consent (PEWC), subscribers are strictly prohibited from using any technology that requires PEWC to contact numbers sourced from the platform.

5.3.2 Definitions and Technological Restrictions

Artificial and Prerecorded Voices (Strictly Prohibited): Subscribers shall not use any artificial voice, automated soundboard, synthesized voice, or prerecorded voice message (including ringless voicemail drops or AI conversational voice bots) to initiate outbound telemarketing calls to mobile or residential lines sourced from the platform. These technologies legally require PEWC, which cannot be obtained via public record extraction.
Automated Telephone Dialing Systems / Predictive Dialers (Strictly Prohibited): Subscribers shall not utilize an ATDS or a multi-line predictive dialer (software that dials numbers automatically before an agent is available, or dials sequential/random numbers) to contact numbers sourced from the platform.
Permitted Dialing Technologies (Human-Initiated / Click-to-Call): Subscribers may utilize single-line “power dialers,” preview dialers, or “click-to-call” customer relationship management (CRM) systems, provided that:
1. The system does not dial numbers randomly, sequentially, or autonomously.
2. Every call requires a distinct, human-initiated action to place the call (e.g., physically clicking a button to launch the specific call).
3. The platform's DNC scrubbing requirements (Section 5.2) are strictly executed prior to loading numbers into the dialing system.

5.3.3 Nature of Prior Express Written Consent (PEWC)

Subscribers acknowledge that PEWC cannot be bought, rented, transferred, or inherited from public records or data enrichment vendors. PEWC must be a clear, written, signed agreement between the recipient and the specific subscriber company making the call, directly authorizing telemarketing.

6. Active Deal Communications

6.1 Different Treatment

Once a property owner, business owner, or counterparty has responded to your outreach, requested information, scheduled a call, engaged in negotiation, or otherwise indicated willingness to communicate about a specific transaction, subsequent communications shift from cold outreach to active deal communications.

6.2 Requirements

Be truthful and non-misleading in all respects
Include accurate sender identification
Honor any opt-out request received during the deal process
Respect DNC and consent revocation requests even mid-transaction

6.3 Email to Active Deal Parties

Emails to parties in active deal discussions may qualify as transactional or relationship messages under CAN-SPAM if they facilitate an agreed-upon transaction, deliver documents, or manage an ongoing commercial relationship. However, if the email's primary purpose shifts back to promoting a new product, service, or separate opportunity, CAN-SPAM's commercial email requirements apply in full.

7. E-Signature and Deal Document Delivery

7.1 Your E-Signature Provider Is for Active Deals Only

You may use your connected e-signature account through Acquigine to send letters of intent, purchase and sale agreements, and other deal documents for electronic signature only when the recipient is a seller, counterparty, or representative with whom you are in active deal discussions.

7.2 Prohibited Uses

Sending e-signature requests to contacts with whom you have had no prior communication as a cold outreach tactic
Using signature envelopes to create false urgency or pressure on recipients who have not engaged with you
Sending LOIs or PSAs to property or business owners sourced from public records or skip-tracing without prior contact and engagement
Using your e-signature provider's routing or reminders as a substitute for consent-based follow-up

7.3 Proper Sequence

First, send a CAN-SPAM-compliant cold email introducing yourself and your interest
If the recipient responds or engages, proceed with deal discussions
Only then generate and send deal documents through your e-signature provider

7.4 Email Notifications From Your E-Signature Provider

Your e-signature provider sends automated email notifications to envelope recipients. These are governed by that provider's own terms and the commercial relationship between the provider and the recipient. However, the decision to include a recipient in an envelope is yours. You are responsible for ensuring that every envelope recipient is a legitimate counterparty in an active or requested transaction.

8. Data Sourcing and Skip Tracing

8.1 Skip Tracing Is Legal

Skip tracing to identify and locate contact information for property and business owners from public records, credit header data, and aggregated sources is a lawful activity. It does not trigger Fair Credit Reporting Act (FCRA) requirements when used for contact and marketing purposes.

8.2 Permitted Uses

Identifying acquisition targets and opportunity scoring
Cold email outreach in compliance with Section 3
Cold calling in compliance with Section 5
Direct mail campaigns (the lowest-risk outreach channel, as TCPA and DNC rules do not apply to physical mail)

8.3 Prohibited Uses

Bulk SMS or automated texting without PEWC
Autodialed calls to mobile numbers without PEWC
Any outreach to numbers on the DNC registry without PEWC
Tenant screening, credit decisions, employment screening, or insurance underwriting (these are FCRA-regulated uses and are outside Acquigine's intended purpose)

8.4 Data Broker and Enrichment Sources

If you enrich Acquigine data with third-party skip-trace or data broker services, you are responsible for complying with those providers' terms of service and any contractual restrictions on use of their data.

9. Consent and Suppression Management

9.1 Consent Records

If you claim PEWC for any contact, you must maintain records sufficient to prove:

The identity of the consenting individual
The date and time of consent
The method of consent (written, electronic signature, web form)
The specific language the recipient agreed to
Your name or entity as the consented party
The type of messages consented to

9.2 Suppression Lists

All email opt-out requests (permanently suppressed across all campaigns)
All SMS opt-out and consent revocation requests
All verbal do-not-call requests
All DNC-registered numbers (scrubbed every 31 days)
Any contacts who have requested cessation by any means

9.3 Cross-Channel Suppression

An opt-out from one channel does not automatically apply to all channels unless the recipient's request was channel-neutral (e.g., “stop contacting me entirely”). However, Acquigine recommends suppressing across all channels when a recipient requests cessation in general terms.

10. State Law Compliance

10.1 State Mini-TCPA Laws

Florida (Florida Telephone Solicitation Act)
California (multiple statutes including CCPA/CPRA implications)
Washington (robocall restrictions)
Oklahoma (Telephone Solicitation Act)
Other states with evolving legislation

10.2 Your Responsibility

You are responsible for identifying and complying with the laws of every state where your recipients are located. If you are contacting property or business owners in multiple states, you must comply with the most restrictive applicable law.

10.3 Recent Legal Developments

The FCC's one-to-one consent rule was vacated by the Eleventh Circuit in January 2025 and formally repealed by the FCC in July 2025. The core prior express written consent requirement for marketing autodialed texts and calls remains in force.
The Supreme Court's June 2025 decision in McLaughlin Chiropractic v. McKesson held that federal courts are not required to defer to the FCC's interpretation of the TCPA under the Hobbs Act, creating additional litigation uncertainty.
Acquigine's policy exceeds the current minimum legal floor to protect subscribers from evolving enforcement risk.

11. Recordkeeping

11.1 Required Records

You must maintain the following records for a minimum of five (5) years:

Source of every contact data point (public records, skip trace provider, enrichment service)
Date and method of acquisition for each contact
DNC scrub results with timestamps (every 31 days minimum)
Consent records (if PEWC is claimed) with full documentation
All opt-out and suppression requests with date received and date processed
Message content and send logs for all email and SMS campaigns
E-signature envelope history including recipient, date, and relationship basis
Internal DNC list updates and additions

11.2 Audit

Acquigine may request these records at any time to verify compliance. Failure to produce adequate records may result in suspension of platform features.

12. Platform Enforcement

12.1 Acquigine Rights

Suspend or restrict messaging, calling, or document generation features
Require proof of consent or compliance documentation
Block data exports or contact list downloads
Suspend or terminate the subscriber's account
Cooperate with legal requests, regulatory inquiries, or court orders
Report violations to regulatory authorities if required by law

12.2 No Liability Shield

Compliance with this policy does not guarantee legal compliance or immunity from enforcement actions, lawsuits, or penalties. This policy sets forth Acquigine's platform requirements, which are designed to exceed minimum legal standards but do not constitute legal advice.

12.3 Indemnification

Subscribers agree to indemnify, defend, and hold harmless Acquigine, its officers, employees, and affiliates from any claims, damages, penalties, or legal actions arising from the subscriber's outreach activities, use of platform data, or violation of this policy or applicable law.

13. Subscriber Acknowledgment

By activating outbound outreach features or generating deal documents through Acquigine, the subscriber acknowledges that:

They have read and understood this policy in full
They are the legal sender and responsible party for all communications they transmit
They will comply with CAN-SPAM, TCPA, DNC, and all applicable state laws
They will not send cold SMS without auditable prior express written consent
They will not use their e-signature provider or deal documents as cold outreach tools
They will maintain all required consent, suppression, and recordkeeping documentation
They will consult their own legal counsel for compliance questions specific to their activities
They understand that Acquigine does not provide legal advice and that this policy is not a substitute for legal counsel

Sources cited: FTC CAN-SPAM Compliance Guide (ftc.gov); FCC TCPA Rules and Public Notices (fcc.gov); Eleventh Circuit, Insurance Marketing Coalition v. FCC (Jan. 2025); Supreme Court, McLaughlin Chiropractic v. McKesson (June 2025).

This policy is a platform compliance document, not legal advice. It is designed to exceed minimum legal requirements to protect both Acquigine and its subscribers. Subscribers must consult qualified legal counsel for guidance specific to their outreach activities and jurisdictions.

Acquigine Subscriber SMS and Email Compliance Policy