Do Not Call Lists – Vital Information for Your Business
March 9, 2026
Do-Not-Call Rules Every Real Estate Agent Should Understand
What Counts as a TCPA Violation?
Under the Telephone Consumer Protection Act, violations may occur if an agent:
✖ Calls or texts a mobile phone using automated systems without prior written consent
✖ Sends marketing texts without a clear opt-in
✖ Ignores “STOP” or verbal opt-out requests
✖ Calls numbers on the National Do Not Call Registry without authorization
✖ Uses misleading or blocked caller ID information
✖ Sends prerecorded marketing messages without permission
✖ Contacts people outside legal calling hours
✖ Fails to maintain records of consent or opt-outs
Why Lead Generation Companies Can Create Risk
Many agents believe the lead company’s consent protects them—but this is often not true.
The law requires “1-to-1 consent.”
✔ The consumer must explicitly agree to be contacted by a specific agent or brokerage.
✖ A blanket authorization allowing multiple agents to call does not satisfy TCPA requirements.
Because of this, a lead generation company generally cannot transfer consent to you.
Federal Calling Times
The 8:00 a.m. – 9:00 p.m. Rule
The Telephone Consumer Protection Act and Telemarketing Sales Rule restrict telemarketing calls to:
🕗 8:00 a.m. – 9:00 p.m.
Important detail: The time restriction applies to the recipient’s local time zone.
Example
A team member in New York calling a prospect in California at 8:30 a.m. Eastern Time is calling at 5:30 a.m. Pacific Time, which is illegal.
✔ Always confirm the recipient’s time zone before calling or texting.
How to Protect Yourself & Your Brokerage
✔ Maintain written consent records
✔ Track and honor all opt-out requests
✔ Check numbers against the Do-Not-Call Registry before contacting
✔ Research whether your state has “mini-TCPA” laws
✔ Review vendor contracts for lead platforms or texting systems
✔ Confirm vendors comply with TCPA and DNC rules
When Calls May Be Allowed
FSBO (For Sale By Owner)
Agents may contact a FSBO seller about a buyer’s interest in the property, even if the number is on the DNC Registry.
However:
✔ Discussion must be limited to your buyer’s interest
✖ You cannot use the call to solicit the listing
Expired Listings
Agents may call homeowners who previously listed with them for up to 18 months after the contract expiration.
However:
✔ Calls are allowed unless the homeowner asks not to be contacted
✖ If they request no contact, all communication must stop immediately
Is It Worth the Risk?
TCPA rules are complex and aggressively enforced, and lawsuits are common because damages can be significant per violation.
For this reason, outbound calling and texting should only be done by agents who:
✔ Fully understand the rules
✔ Maintain detailed compliance records
✔ Use proper consent and record-keeping systems
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