If you’re a real estate agent who relies on phone calls to FSBOs, expired listings, or neighborhood cold calls, it’s crucial to understand the major updates to the Telephone Consumer Protection Act (TCPA) that go into effect on January 27, 2025. These changes tighten the rules on telemarketing, specifically focusing on obtaining and honoring consent. Staying compliant isn’t just about avoiding hefty fines—it’s about maintaining trust with your clients. Here’s a breakdown of the updates and how they impact your business.
Key Changes Under the Updated TCPA
1. One-to-One Consent Rule
What it means: You must now get specific consent from each individual for your business only.
Before: A blanket “anyone can call me” permission was often enough.
Now: Each lead must explicitly agree to hear from you.
2. Consent Revocation Made Simple
What it means: If someone opts out—via text, email, or even verbally—you must stop contacting them within 10 business days.
Before: Companies had more wiggle room to delay honoring opt-outs.
Now: Failing to honor revocation requests promptly could lead to significant fines.
3. Tighter Rules on Lead Generation
What it means: Leads must give explicit consent to be contacted by your business.
Before: Purchased lists often included generic “interested” leads.
Now: If the lead didn’t specifically consent to your outreach, don’t make the call.
4. Restrictions on Automated Calls and Prerecorded Messages
What it means: Written consent is now mandatory for auto-dialers and prerecorded messages.
Before: Broad consents often sufficed.
Now: Manual dialing is the safest option unless you have proper permissions.
5. Do Not Call (DNC) List Compliance
What it means: Don’t call anyone on the DNC list unless you have explicit consent or an established business relationship (EBR).
Now: Fines for violations range from $500 to $1,500 per call—a costly mistake.
How This Impacts Real Estate Agents
EXPIRED Listings
Manual dialing is safe for Expireds not on the DNC list.
FSBO
FSBO listings on the DNC are fair game for manual dialing, as long as you’re following up in good faith.
If they’re on the DNC, you can still call to ask about the property or for a buyer’s interest—but avoid soliciting the listing directly.
Cold Calling Neighborhoods
Stick to manual dialing and skip anyone on the DNC list unless you’ve secured explicit permission.
Verbal vs. Written Consent: When Is Each Enough?
Verbal Consent Works For:
Manual calls to past clients or follow-ups under an EBR.
Best Practice: Document verbal agreements immediately in your CRM and follow up in writing.
Written Consent Is Required For:
Automated calls or texts.
Prerecorded voicemails.
Best Practices for Staying Compliant
Document Verbal Consent:
Record the date, time, and details of the conversation in your CRM.
Example: “Client agreed to receive market updates via phone calls.”
Follow Up in Writing:
Send a confirmation email or text to recap the consent.
Example: “Thanks for agreeing to stay in touch! Let me know if you’d like to update your preferences.”
Incorporate Written Consent Into Your Workflow:
Add opt-in checkboxes to client forms, emails, or website pop-ups.
Example: “I agree to receive automated real estate updates from [Your Name/Business].”
Use Digital Opt-In Tools:
Platforms like Google Forms, DocuSign or many CRMs make it easy to gather and store consent.
Why Compliance Matters
The new TCPA rules aren’t just about avoiding fines—they’re about demonstrating respect for your clients’ time and preferences. By adopting compliant practices, you not only protect yourself legally but also position your business as a professional, client-focused operation.
Final Thoughts
Yes, these TCPA updates require more effort, but they also encourage a higher standard of client interaction. Stick to manual calls unless you have written consent, respect opt-out requests immediately, and stay vigilant with your lead generation practices. By doing so, you’ll stay compliant and build stronger, more respectful relationships with your clients. After all, being a trusted professional is the best marketing strategy of all.
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