UPDATE: On January 24, the FCC announced a delay to the text message one-to-one consent rule, pushing it back until January 26, 2026. Learn more here.
Starting January 27, 2025, the rules for real estate cold calls and automated messages change forever. With stricter TCPA regulations on the horizon, one misstep could cost you thousands—and your reputation.
When it comes to telemarketing and communication, the Telephone Consumer Protection Act (TCPA) has been the rulebook. But new rules going into effect this month bring changes every real estate professional needs to understand.
These changes don’t just tighten regulations—they could significantly impact how you communicate with clients and prospects in 2025. For any real estate agent using automation to contact and deliver value to their database, ignoring the new update comes with a steep price.
Here’s what you need to know to stay compliant, avoid hefty fines, and keep building trust with your audience.
Why the TCPA Rules Are Changing
The TCPA is all about protecting consumers from spam calls, robocalls, and unwanted texts. But loopholes have allowed some businesses to push the limits, leading to new updates designed to:
- Close loopholes exploited by lead generators.
- Crack down on excessive robocalls and automated texts.
- Strengthen consumer protections through stricter consent requirements.
Penalties for non-compliance: Fines range from $500 to $1,500 per violation, with a statute of limitations of four years. Translation? Non-compliance could get expensive fast.
Key Changes You Need to Know
1. Written Consent for Automated Communication
Starting January 2025, you’ll need explicit, written consent before contacting anyone using:
- Autodialers
- Prerecorded messages
- AI-powered communication tools
What’s new: Consent must be specific to your business—no more relying on blanket permissions or purchased leads with generic opt-ins.
2. Stricter Rules for Lead Generation
If you’re purchasing lead lists, tread carefully. Lead generators can no longer sell contacts unless the individuals have provided explicit consent for your specific business.
What this means for you:
- Verify lead sources for compliance with the new rules.
- Avoid lists labeled with “interested people” without direct, documented consent.
3. Consent Revocation
Consumers now have the right to revoke consent through any medium—text, email, or even a verbal request. And here’s the kicker: you must honor revocations within 10 business days.
Pro tip: Set up a tracking system to process opt-outs efficiently and avoid hefty fines for delays.
4. Automated Calls and Prerecorded Messages
Without written consent, these tools are off-limits. Stick to manual dialing when reaching out to new prospects.
Real Estate Scenarios and Compliance Tips
For Sale by Owner (FSBO) Calls
- Manual Dialing: Allowed unless the recipient is on the Do Not Call (DNC) list.
- DNC List Exceptions: You can still call FSBOs on the DNC list to inquire on behalf of a buyer or discuss the property (but not to solicit listing agreements).
Expired Listings
- Manual Dialing: Permitted. Treat these calls the way you treat FSBO scenarios (i.e., calling on behalf of a potential buyer or providing information they would find helpful with respect to the listed property)
Cold Calling Neighborhoods
- Stick to manual dialing.
- Avoid calling anyone on the DNC list without explicit consent.
Verbal Consent: When Is It Enough?
- Acceptable: For previously-assisted clients you’ve worked with in the past 18 months, an EBR (existing business relationship) allows for manual (non-automated) follow-up calls.
- Not Enough: For automated calls, texts, or prerecorded messages.
How to Collect Written Consent
Getting consent doesn’t have to be complicated. Here are some effective strategies:
- Opt-in Fields on Forms: Include clear language like, “I agree to receive automated calls or texts from [Your Business].”
- Text-to-Confirm: Send a manual text like, “Reply YES to receive updates from me.”
- Website Pop-Ups: Add opt-in opportunities to your website, such as “Sign up to receive market updates via automated messages.”
- Closing Packets: Include consent forms in your onboarding or closing paperwork.
- Client Events: Use registration forms at webinars or events to gather consent.
Bottom Line
These TCPA updates are more than just new rules—they’re an opportunity to refine how you connect with clients while staying on the right side of the law.
By prioritizing compliance and tailoring your communication strategies, you can build stronger relationships and maintain trust in an increasingly regulated landscape.
