Two sets of federal rules, both under the Telephone Consumer Protection Act (TCPA), cover your calls and texts. The Do Not Call rules limit sales calls and texts to numbers on the national registry unless an exception applies. The consent rules require prior express written consent before marketing calls or texts sent with an autodialer or a prerecorded or artificial voice. Several states are stricter, and email has its own law. This is general information, not legal advice. Check your state’s law and your broker’s policy, or ask an attorney.
The Do Not Call rules
- Who is covered: anyone making sales calls to people who have put their number on the National Do Not Call Registry, including cell numbers. Prospecting for listings or buyers is a sales call.
- The scrub: check your call list against the registry at least every 31 days.
- Established business relationship: an exception that lets you call for 18 months after a transaction and 3 months after an inquiry. It ends when the person asks you to stop.
- Written permission: another exception. Under the FCC’s rule (47 CFR 64.1200), it means a signed, written agreement that says the person agrees to be contacted by you and lists the number.
- Your internal list: keep your own do-not-call list and honor each request within a reasonable time, no more than 10 business days. The FCC’s rule keeps a request in force for five years.
- Calling hours: 8 a.m. to 9 p.m. in the recipient’s local time under the federal rule. Some states end earlier or cap the number of calls. Florida, for one, bars sales calls after 8 p.m. and more than three calls in 24 hours on the same subject.
The TCPA consent rule for automated calls and texts
Marketing calls or texts sent with an autodialer, or with a prerecorded or artificial voice, need prior express written consent. In general terms, the FCC’s definition calls for:
- A written agreement signed by the person. An electronic signature counts where the law recognizes it.
- Clear authorization for you to send marketing calls or texts using an autodialer or an artificial or prerecorded voice.
- The phone number the consent covers.
- A clear statement that the person does not have to sign as a condition of buying any property, goods or services.
Four points to know:
- Texts: the FCC treats a text as a call, and its rules apply the Do Not Call protections to text messages sent to wireless numbers. In July 2026 the Seventh Circuit (Illinois, Indiana and Wisconsin) held that texts are not “calls” for private Do Not Call lawsuits. Courts are split on that question, and on whether a cell phone counts as a residential line. The FCC’s rule still covers both, so don’t rely on a favorable ruling.
- One-to-one consent: the FCC’s “one-to-one consent” rule was vacated by the Eleventh Circuit in January 2025 and removed.
- Past clients: the business relationship exception belongs to the Do Not Call rules. It is not written consent for automated or prerecorded marketing.
- Your software: whether a dialer or texting platform counts as an autodialer is a legal question. Ask your broker before you load a list into one.
Expired listings, FSBOs and circle prospecting
Calls to expired listings and for-sale-by-owner (FSBO) sellers are covered by Do Not Call. A FSBO seller’s public phone number is not consent to be solicited for a listing. Calling about a real buyer for the home is different. Circle prospecting, where you call the neighbors around a listing or sale, is cold calling too, so the same scrub applies. The answers below are general. Your state may be stricter.
| Situation | Can you call or text? | What you need |
|---|---|---|
| A past client who closed 10 months ago | Generally yes if you dial or type it yourself, because a transaction in the last 18 months is an exception to Do Not Call. | No stop request on file. Written consent before any automated or prerecorded marketing. |
| An online lead who filled out your form yesterday | Generally yes by hand within 3 months of the inquiry. Automated texts only with written consent. | A saved copy of the form, its consent wording and the date. |
| An expired listing found in the MLS | Only if the number is not on the registry or your internal list, or you have written permission. | A scrub within the last 31 days. |
| A FSBO sign with a phone number | To pitch your services, only on the same terms as an expired listing. The sign is not consent. Calling about a real buyer for the home is different. | A scrub within the last 31 days. |
| An open house visitor who wrote a number on your sign-in sheet | Only with care. A number with no consent wording may not count as written permission. | A consent line on the sheet that the visitor signs. Without one, scrub first. |
| A friend | Generally yes for a call you make yourself. The FCC’s rule exempts calls to family, friends and acquaintances of the caller. | Stop if asked. Automated messages still need written consent. |
Opt-outs and revocation
The FCC’s consent-revocation rule took effect April 11, 2025. A person can opt out by any reasonable method, such as replying “stop” to a text, and you must honor it within 10 business days. On September 30, 2026 the FCC adopted further changes to the revocation rules. They are not yet in effect, so watch for the effective date.
State laws and who is liable
State “mini-TCPA” laws add stricter limits. Examples: Florida, Oklahoma, Washington, Maryland, Texas (September 2025) and Virginia (January 2026). Check the law of the state you are calling into.
Private lawsuits can seek up to $500 for each violation, and up to three times that when the violation was willful or knowing, so a list of calls adds up fast. The agent who places the call can be sued, and brokerages have paid too. Keller Williams settled for $40 million and Realogy (Coldwell Banker) for $20 million, both over agents’ cold calls.
Email: the CAN-SPAM checklist
- Accurate “from” and subject lines.
- A valid physical postal address.
- A clear way to opt out.
- Opt-outs honored within 10 business days.
Penalties run up to $53,088 per email. CAN-SPAM does not require consent to send a commercial email, but an email service will require a permission-based list. More in real estate email newsletters that get opened.
Seven habits to build
- Scrub: check every cold list against the registry, at least every 31 days, and against your internal list.
- Get consent in writing: put a consent line on forms and sign-in sheets.
- Keep records: save forms, dates and scrub results.
- Honor opt-outs: act on every “stop”, however it arrives.
- Watch the clock: 8 a.m. to 9 p.m. where the recipient is, or earlier where the state says so.
- Check the state: look up the rules where the recipient lives.
- Follow broker policy: ask which dialers, lists and scripts are approved.
For review requests by text or email, the review request generator writes the message and lists the platform rules. For what your ads can say, read real estate advertising rules every agent should know.
Common questions
Can real estate agents cold call numbers on the Do Not Call list?
Generally no, unless an exception applies, such as an established business relationship (18 months after a transaction, 3 months after an inquiry) or signed written permission. The FCC’s rule covers texts as well as calls. Scrub your list against the registry at least every 31 days and check your state’s law, which may be stricter.
Do I need written consent to text real estate leads?
Marketing texts sent with an autodialer need prior express written consent under the TCPA, and the FCC applies its Do Not Call rules to texts sent to wireless numbers. Whether your texting tool counts as an autodialer is a legal question, so ask your broker and get consent in writing.
Can I call a FSBO or an expired listing?
Those calls are covered by the Do Not Call rules, and a phone number on a FSBO sign is not consent to be solicited for a listing. Scrub the number against the registry and your internal list first, and check your state’s law and your broker’s policy.
Updated October 2026. General information for real estate professionals, not legal advice. Rules vary by state, MLS and brokerage, so check with your broker or an attorney before relying on it.