FCC Postpones New Text Message Consent Rule Until 2026

The Federal Communications Commission (FCC) just announced a delay to a new rule affecting how businesses, including real estate agents, can send text messages to consumers. Here’s what you need to know. 

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What’s Happening?

A new rule requiring stricter written consent for text messages was set to take effect on January 27, 2025. That deadline has now been pushed back to January 26, 2026 (or sooner if the courts make a decision before then).

Why the Delay?

The rule is being challenged in court by the Insurance Marketing Coalition (IMC) and other groups who argue it’s too burdensome, especially for small businesses.

The FCC decided to hold off so businesses aren’t forced to make expensive changes while waiting for the court’s final decision.

What Does This Mean for Real Estate Agents?

The current rules for text message consent stay the same for now. If you’re already following the Telephone Consumer Protection Act (TCPA) guidelines, you’re good to go.

While you’ll have extra time to adjust if the new rule is upheld by the court, Jessie Beaudoin, founder and CEO of CallAction, emphasized the importance of maintaining strict adherence to TCPA’s current practices: 

“Although the formal change to one-to-one language for ‘express written consent’ is stayed, it’s important for agents to maintain practices of regular DNC scrubs while checking for deactivated/reassigned phone numbers—as those rules are still in place with the TCPA.

“These practices help mitigate risks for all other inquiries where consumers didn’t provide express written consent, such as calls, email inquires, etc.”

Jessie Beaudoin

Founder and CEO

What’s Next?

The court’s decision is expected soon. If the rule is approved, businesses will get updates from the FCC on the next steps.

Until then, stick to the existing consent rules for texting and calling clients.

This delay gives agents more time to prepare while the legal process plays out. For more details, check out the full FCC document below.