What Real Estate Agents Need to Know About Telemarketing & TCPA Changes

A headset with mic sits next to a laptop as a real estate professional ensures TCPA compliance in their lead generation strategies

Cold calling has long been a key lead-generation strategy for real estate agents, but significant changes are on the horizon. Starting this year, amendments to the Telephone Consumer Protection Act (TCPA) will impose stricter regulations on telemarketing practices.

Even though some of these changes have recently been postponed, many real estate professionals will still need to adapt to these updates to maintain TCPA compliance, avoid hefty fines, and ensure ethical outreach practices. In this article, we’ll explain the new regulations, postponements, what you can and cannot do under the updated TCPA, and how to effectively adjust your lead generation strategies.

What’s being postponed?

Established in 1991, TCPA is a federal law that regulates telemarketing calls, auto-dialed calls, prerecorded messages, and text communications. Although the requirement for telemarketers to obtain written consent to contact consumers via robocall has been in place since 2012, in December 2023, the Federal Communications Commission (FCC) clarified that the consent should be obtained on a one-to-one basis. This was intended to close what the FCC called the ​“lead generator loophole,” where a consumer signs a single consent form that would allow multiple agents to contact them.

On January 24, the U.S. Court of Appeals for the Eleventh Circuit ruled that the FCC had exceeded its authority. The FCC announced it would delay implementing the new rule until January 2026, pending further legal developments.

According to digital advertising lawyers at Kelley Drye & Warren LLP, the other rule changes stemming from the order, including text-blocking requirements for wireless carriers and the application of the National Do Not Call Registry to text messages, were not postponed. Furthermore, other pending TCPA rule changes are still presumably scheduled to go into effect on April 11.

New revocation rules effective April 11, 2025

These rules will significantly expand how businesses, including real estate agents, must handle consumer requests to stop communications. Here’s what you need to know:

  • Consumers have more opt-out options: Any request to stop receiving calls or messages must be honored regardless of the method consumers use to communicate the request. The law’s definition of unsubscribing “in any reasonable manner” could include phone calls, emails, or even social media messages.
  • Compliance across all communication channels: If a consumer asks to stop outreach, this request must be applied across all communication channels, even if you’re contacting them for different purposes (e.g., marketing, transactional updates).
  • 10-day compliance window: Businesses will have only ten business days to process and implement the consumer’s revocation request.
  • Severe penalties for violations: Failure to comply with these rules could result in TCPA penalties of up to $1,500 for each call made in violation of the rule.

These changes require real estate agents to rethink their communication strategies and ensure their systems can track and respond to consumer requests efficiently.

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What should brokerages and agents do?

Real estate professionals who use cold calling, auto-dialers, prerecorded messaging, and texts in their lead-generation strategies must proceed carefully. Written agreements and clear and conspicuous disclosures are still necessary for these outreach tactics. You should also provide an easy and immediate way for recipients to opt out of future communications.

No matter the method you choose, you cannot contact individuals on the Do Not Call Registry without prior consent. Cold calls are still limited to specific hours, typically between 8 a.m. and 9 p.m. local time for the recipient. Calling outside these hours could result in penalties. Recent legal actions, such as the class-action telemarketing lawsuit against Keller Williams, highlight the importance of compliance with TCPA regulations to avoid potential violations.

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How to adjust your lead generation strategy

For real estate agents, these changes mean reevaluating their approach to cold calling and other outbound lead generation tactics to maintain TCPA compliance. Here are some tips to pivot your strategy.

1. Focus on permission-based marketing

Shift your efforts toward email marketing and text campaigns where recipients have explicitly opted in. Use lead magnets, such as free market reports or home valuation tools, to collect contact information with consent, ensuring TCPA compliance.

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2. Leverage social media and online advertising

Platforms like Facebook, Instagram, and Google Ads allow you to target potential leads without violating TCPA regulations. These channels can be highly effective for nurturing leads and driving conversions.

3. Implement a robust CRM system

Invest in a customer relationship management (CRM) system to track consent records and organize your communications. This ensures you can verify TCPA compliance and effectively manage opt-out requests.

4. Train your team on TCPA compliance

Make sure everyone on your team understands the updated rules and how to handle consumer interactions professionally. Regular training sessions can help minimize risks and fines.

Lead generation, TCPA compliance + Luxury Presence

These TCPA changes are a wake-up call for real estate agents to modernize their lead-generation tactics and prioritize compliance. Both the January 2025 updates and the April 2025 revocation rules emphasize the importance of consumer privacy and communication transparency in your business.

Luxury Presence can help you adapt to these changes with cutting-edge tools, digital marketing expertise, and strategies that prioritize TCPA compliance. Contact us today to learn how we can help you generate more leads in 2025 and beyond.

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