(3) "Commercial solicitation" means contact by telephone, mail, or electronic mail for the purpose of selling or marketing a consumer product or service.
After I read that, my immediate question becomes,
Are we "selling or marketing a consumer product or service"?
We're clearly not asking consumers to pay us anything in exchange for a product or service, but we are trying to elicit a response from them. "Selling" could be a bit subjective... but I think most reasonable people could agree that what we're doing doesn't quite fit that description.
However, even if we go out on a limb and assume for a moment that we are indeed selling something... what are we selling exactly?
Are we dealing with a consumer product? No.
Are we offering a consumer service? I suppose it depends whose definition we're going by, but if we look at what Investopedia or Wikipedia have to say about it, it doesn't even come close to what a real estate investor is trying to do with direct mail.
Our objective is not to receive money from the people we're sending mail to. We're trying to do the exact opposite.
I'm no attorney, but based on what I'm reading on the SC website (if you have the patience to pick through the statutes and decipher what it's saying), I can't see how any reasonable person would put what we're doing into the commercial solicitation bucket. Not as SC defines it, anyway.