Cracking the Code on Cold Calls Real Estate Agents Must Adapt Now

Lisa Mailhot  |  January 19, 2025

Agents

Cracking the Code on Cold Calls Real Estate Agents Must Adapt Now

 

Cold calling has long been a staple of real estate lead generation, but major changes to the Telephone Consumer Protection Act (TCPA) are rolling out on January 27, 2025. These changes impose stricter rules around telemarketing, focusing on how you gather and manage consent when contacting potential clients. For agents looking to stay compliant and avoid steep fines, here’s everything you need to know.

1. One-to-One Consent Rule

What’s New?

Agents must now obtain explicit, business-specific consent from potential clients before calling, texting, or leaving prerecorded messages using auto-dialers.

  • Before: Blanket permissions allowed agents to reach out.
  • Now: Consent must be tailored to your business only. No more shortcuts.

To stay compliant, implement processes to capture and store consent securely.

2. Easy Opt-Outs

What’s New?

Clients can now revoke their consent in any form—text, email, or even verbally—and you must honor it within 10 business days.

  • Before: Oversights on opt-out requests were excusable.
  • Now: Missed revocations could result in hefty fines.

Stay vigilant about tracking opt-out requests to maintain trust and avoid penalties.

3. Stricter Rules on Lead Generation

What’s New?

Lead providers can no longer sell generic lists of "interested parties." You must verify that every contact has given explicit permission for your business to call or text.

  • Before: Agents relied on leads from broad-interest lists.
  • Now: Without consent tied directly to your business, reaching out is off-limits.

Ensure your lead sources are reputable and provide compliant data.

4. Automated Calls and Pre-Recorded Messages

What’s New?

Auto-dialers and pre-recorded voicemails are banned without written consent from the recipient.

  • Before: Broad consents allowed some flexibility.
  • Now: Manual dialing is the safest route unless specific permissions are documented.

5. Do Not Call List (DNC) Compliance

What’s New?

The Do Not Call (DNC) list remains in effect, with stricter enforcement. Exceptions apply only if you have a prior business relationship (EBR) or specific consent.

  • Penalties: Fines range from $500-$1,500 per violation.

For FSBOs and expired listings:

  • Manual calls are fine unless they’re on the DNC list.
  • On the DNC list? You can call FSBOs only if the call isn’t to solicit a listing or if contacting them for a buyer.

What About Emails?

While the new TCPA rules don’t affect emails, don’t forget to follow CAN-SPAM laws to ensure your email campaigns remain compliant.

 

Adjusting Your Practices

Compliance might seem like an extra hurdle, but these rules protect both consumers and your reputation. Here’s how to adapt:

  • Stick to manual dialing unless you’ve obtained explicit, written consent.
  • Scrub your lead lists to verify compliance with DNC requirements.
  • Implement robust systems to track and honor opt-outs promptly.

Bottomline

The TCPA changes emphasize respect and transparency in how you communicate with potential clients. By adapting your practices now, you’ll avoid fines and stand out as a trusted real estate professional. Ready to take the next step? If Orange County is calling your name, let’s connect!

 

 

Reference: Davis, D. (2025, January 17). What you need to know about the cold call rule changes this month. Inman. Retrieved from https://www.inman.com

RECENT BLOG POSTS

What the AFFH Repeal Means for Homeowners & Buyers

The Department of Housing and Urban Development (HUD) is repealing the Affirmatively Furthering Fair Housing (AFFH) rule, a policy designed to address housing discrimi… Read more

Can You Really Pay Your Mortgage With a Credit Card?

Thinking about paying your mortgage with a credit card? While it might sound convenient, there are risks and rewards to consider. In this blog, we dive into why it's b… Read more

Late May Listings Lead to Larger Profits

Discover the prime time to list your home for sale in Orange County with insights from Zillow's latest report. Late May emerges as a golden window, promising significa… Read more

Will Falling Mortgage Rates Finally Ignite the Housing Market?

Mortgage rates are falling, but is it enough to jumpstart homebuyer demand? Inventory is growing, but pending sales remain sluggish. Explore the latest housing market … Read more

Why Retirees Are Moving to Lower-Tax States

Soaring property taxes in states like New York, Illinois, and Texas are pushing retirees to more tax-friendly areas in the South and West. With affordability and quali… Read more

The 2025 Home Improvement Playbook: Upgrades That Add Value & Comfort

Thinking of selling your home—or just want to enjoy it more? 2025 home renovation trends focus on comfort, electrification, and curb appeal. From kitchen remodels to b… Read more

The Secret Weapon to Selling Fast: Mastering the Art of Home Staging

Want to sell your home for top dollar? Staging isn’t just about making a space look pretty—it’s a powerful marketing tool that can dramatically impact how buyers perce… Read more

Zombie Foreclosures Are Slowly Creeping Back

Zombie foreclosures are seeing a modest rise, with over 7,000 vacant pre-foreclosure homes across the U.S. Explore what zombie foreclosures are, why they’re increasing… Read more

Palisades Land Boom: A Golden Opportunity for Investors and Homebuilders

The Palisades real estate market is heating up as wildfire-affected lots hit the market, with experts predicting up to 750 listings in the coming years. With land pric… Read more

We are excited to assist you in finding your perfect home

Let's find a time that suits you best to chat about your goals, show you how we work, and figure out how we can help you the most