Lisa Mailhot | January 19, 2025
Agents
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.
Agents must now obtain explicit, business-specific consent from potential clients before calling, texting, or leaving prerecorded messages using auto-dialers.
To stay compliant, implement processes to capture and store consent securely.
Clients can now revoke their consent in any form—text, email, or even verbally—and you must honor it within 10 business days.
Stay vigilant about tracking opt-out requests to maintain trust and avoid penalties.
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.
Ensure your lead sources are reputable and provide compliant data.
Auto-dialers and pre-recorded voicemails are banned without written consent from the recipient.
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.
For FSBOs and expired listings:
While the new TCPA rules don’t affect emails, don’t forget to follow CAN-SPAM laws to ensure your email campaigns remain compliant.
Compliance might seem like an extra hurdle, but these rules protect both consumers and your reputation. Here’s how to adapt:
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
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