For real estate agents, the Jan. 27 changes to the Telephone Consumer Protection Act mean paying special attention to how they collect leads, contact them, and manage consent.
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If you’re a real estate agent who relies on FSBO calls, expired listings, or good old neighborhood cold calls, know that the Telephone Consumer Protection Act (TCPA) is getting a major update starting January 27th. You need to know. , 2025.
These changes are aimed at tightening the rules around telemarketing, particularly regarding how to obtain consent and how to communicate with potential customers. To help you stay compliant with the law and avoid hefty fines, here’s a breakdown of what’s changing and how it affects you.
1:1 consent rule
What it means: If you use an autodialer to make calls, send text messages, or drop prerecorded messages, you must obtain special consent from the person you are using for your business only.
Previously: You could get a list of prospects with blanket permissions like “Of course, anyone can call me.” No more. Now: Each person must give the OK for you. There are no shortcuts.
Easily withdraw consent
What it means: If someone no longer wants to hear from you, you can say “stop” in any way you like, whether it’s a text, email, or signal, and you have 10 business days to comply. .
Previously: You could have argued, “Oh, I didn’t see the opt-out request.” now? Not a chance. Now: Stay on top of expirations or pay hefty fines.
Tighter rules for lead generation
What it means: When buying leads, don’t assume they’ll be nice just by calling or texting you. They should have specifically said yes to your business.
Previously: Major companies sold generic “people of interest” lists. Now: No. If the person doesn’t agree to you contacting them directly, don’t touch their phone.
Rules for automated calls and recorded messages
What it means: Autodialers and prerecorded voicemails are generally off-limits unless you have written consent from the other party.
Previously: With widespread buy-in, we might have gotten away with it. No more. Currently: Manual dialing is safer unless you have all legal permissions in place.
Do Not Call List (DNC) Compliance
Meaning: If someone is on the DNC list, don’t call them. Please stop. Exceptions only apply in the case of previous business relationships (EBR) or specific agreements.
Before: Same rules, but stricter enforcement. Currently: Failure to do so will result in fines ranging from $500 to $1,500 per call. no one wants that.
What about email?
This doesn’t affect email, so it’s fine. But remember, the CAN-SPAM Act continues to apply to stifle email competition.
Real estate agent scenario:
FSBO Calls: If you are not on the DNC list, it is safe to dial manually. Even if you’re on the DNC, you can still make calls (regardless of what misinformation is being spread there) as long as you don’t “solicit” to the list. If you just want to contact a FSBO at DNC to view a home, or if you want to call the buyer who hired you, you can call them. Always obtain written consent before using speed dialers. Expired Listings: For expired listings, it’s okay to call (manually), even if it’s the DNC. Play just like FSBO. Cold calling your neighbors: Stick to manual dialing and don’t contact anyone on the DNC list unless they have their explicit permission.
These new TCPA rules may seem like a headache, but they exist to protect consumers and, let’s be honest, keep businesses honest. For real estate agents, this means paying particular attention to how they collect leads, communicate with them, and manage consent.
Play it safe by sticking to manual calls unless you have significant written consent, and always keep an eye on who’s on the DNC list. Yes, it will take a little more effort to stay compliant, but it’s better than facing a hefty fine or worse, losing your reputation.
By adjusting your practices now, you can not only be compliant, but also stand out as a professional who respects client boundaries. It’s a win-win.
Darryl Davis is the CEO of Darryl Davis Seminars. Connect with him on Facebook and YouTube.
