Real Estate Agents: Before You Call or Text, Read This
If you’re a real estate agent or brokerage using calls or texts to generate sales, the Telephone Consumer Protection Act (TCPA) should be on your radar.
TCPA lawsuits against real estate professionals have surged in recent years. These cases frequently name both brokerages and individual agents, are costly to defend, and often stem from routine marketing calls or texts. Before you dial or hit “send,” here’s what matters.
Why TCPA Lawsuits Are a Serious Risk
Statutory penalties: $500 per illegal call/text or up to $1,500 per call or text for willful violations
Personal liability: Individual agents may be named defendants
Class actions: A campaign can quickly create significant financial exposure
TCPA Basics Every Agent Should Know
1. Do-Not-Call Requests Must Be Honored
If a consumer asks you to stop contacting them:
You must add them to your internal Do-Not-Call (DNC) list immediately
You may not contact them again unless they reinitiate contact or provide new consent
2. National Do-Not-Call Registry Applies
If you make unsolicited calls or texts, numbers must be scrubbed against:
The National Do-Not-Call Registry
Applicable state DNC lists
Your internal DNC list
Even if an exemption applies, your internal DNC list still controls.
3. The Established Business Relationship (EBR) Exception Is Limited
An established business relationship exists only if:
The consumer bought or completed a transaction with you within the last 18 months, or
The consumer inquired about your services within the last 3 months
Some state laws have shorter timeframes. Once the relationship ends or expires, the exemption no longer applies.
Two Rules Apply to All Calls and Texts
Rule #1: Consent or Scrubbing Is Always Required
For calls or texts made from a CRM, dialer, or personal cell phone, you must:
Scrub numbers against federal and state DNC lists, or
Have documented consent or a valid EBR
This applies to live calls, manually dialed calls, and texts.
Rule #2: Automated or Prerecorded Messages Require Written Consent
If you use:
An automatic telephone dialing system (ATDS)
Prerecorded or artificial voice messages (including AI)
Ringless voicemail
You must have prior express written consent, with required disclosures and documentation. Consult a qualified attorney to confirm compliance.
Required Compliance Practices for Brokerages
Brokerages should:
Maintain a written DNC policy and provide it upon request
Train agents on TCPA compliance
Keep accurate consent and internal DNC records
Make clear that personal cell phones are not exempt
You do not need to purchase the National DNC Registry if you truly do not make unsolicited calls, but many agents unintentionally do.
In short, if you market by phone or text, do not assume real estate is exempt, do not rely on informal consent, do not assume your CRM or vendor is compliant, and do not ignore opt-out requests. TCPA compliance is a serious financial and personal liability issue for real estate agents and brokerages.