Do Not Call For Real Estate: Navigating TCPA Changes in 2025

The Telephone Consumer Protection Act (TCPA) is shifting—and if you’re in the real estate industry, these updates are too important to ignore. Whether you’re an agent hustling for leads, a broker managing outreach programs, or a marketer running campaigns, the new TCPA regulations and adherence to DNC rules will impact how—and who—you contact. Non-compliance? That’s not an option unless you’re ready to risk hefty fines, lawsuits, and a tarnished reputation.

Here’s your guide to understanding the changes and how to adapt your business practices.

What is the TCPA? 

The TCPA is a federal law that protects consumers from unwanted phone calls, texts, and faxes. You’re probably familiar with them yourself–the auto-recorded extended warranty calls, the offers to buy your home now, package phishing texts, and the like. TCPA requires businesses to adhere to strict guidelines when contacting people, especially via automated systems. Central to the TCPA are rules around express consent and compliance with the National Do Not Call (DNC) registry. They also govern the use of Automated Telephone Dialing Systems (ATDS).

For real estate professionals, staying compliant means balancing effective outreach with respect for consumer preferences—a tightrope about to get narrower.

Why the Changes? 

The latest TCPA changes aim to:

• Give consumers more control over who contacts them and reduce unwanted calls.

• Close loopholes in lead generation practices that previously relied on vague or generic consent.

• Demand faster compliance with opt-out requests, ensuring businesses respect consumer choices in real-time.

By implementing these new rules, the Federal Communications Commission (FCC) raises the bar for transparency and ethical communication.

Key TCPA Updates for 2025 

1. One-to-One Consent Rule for Robocalls (Effective January 27, 2025)

Businesses can no longer rely on mass marketing campaigns with generic consent forms. The new rule requires businesses to obtain individual, “one-to-one” consent before contacting consumers.

What does this mean for lead generation?

• Consent must only apply to services directly connected to the consumer’s expressed interest. For instance, someone requesting mortgage quotes cannot be contacted about unrelated topics such as car loans or insurance.

• If you purchase third-party leads, document specific, verifiable consent for each individual before reaching out.

• Calling or texting without valid consent? Prepare for penalties of up to $1,500 per illegal call. When you talk to potential customers, ensure you have their explicit consent to avoid legal issues under the TCPA.

2. Honoring Opt-Out Requests (Effective April 11, 2025) 

Businesses must now honor opt-out requests within 10 days or less. 

Here’s what’s required:

• Expanded Revocation Options: Consumers can revoke consent through any reasonable method, such as replying to a text with “stop,” “unsubscribe,” or similar phrases. 

• Text Confirmation: When a customer opts out via SMS, you may send them one confirmation message within five minutes to acknowledge their request. 

• Streamlined Compliance: Your internal processes must ensure requests are honored across all communication channels immediately. 

Failure to act within the window? You jeopardize consumer trust and risk serious legal consequences. 

TCPA Compliance Essentials

Navigating the complexities of TCPA compliance is crucial for real estate professionals. With the 2025 updates, understanding and adhering to these regulations is more important than ever. This section will guide you through the essentials of TCPA compliance, ensuring you can continue your outreach efforts without risking hefty fines or legal issues.

Obtaining Prior Express Written Consent

Obtaining prior express written consent is a cornerstone of TCPA compliance. Real estate agents must secure written consent from consumers before making any telemarketing calls or sending text messages. This consent must include the specific number to be contacted and a written signature or electronic confirmation, such as a button press or a conspicuous checkbox, where the box was unchecked prior to submission.

Each company seeking to use this consent must obtain it separately, and it must be renewed for each new marketing campaign. This is known as 1:1 consent. Can you collect consent to share the buyer’s contact information with a loan officer your partner with? Yes, as long as that person is explicitly named in the consent that is given by the buyer.

This isn’t a one-time requirement; ongoing compliance is essential to avoid penalties and maintain trust with your clients.

Complying with the National Do Not Call Registry

Compliance with the National Do Not Call Registry is non-negotiable. Real estate agents must check the registry at least once every 31 days to update their lists of individuals who cannot be contacted. The registry is a comprehensive database of numbers that have opted out of receiving calls, and it’s crucial to suppress these numbers from your call lists. Ignoring this step can result in substantial fines, ranging from $500 to $1,500 per call. Regularly checking the registry and updating your lists is a simple yet effective way to stay compliant and avoid unwanted legal issues.

Tip: You can connect ez Verify to your CRM and website to remain TCPA compliant. Click here to make it easy and learn how it works.

State-Specific DNC Lists and Regulations

In addition to the National Do Not Call Registry, 12 states have their own Do Not Call lists with unique regulations. Real estate agents must also check these state-specific lists and suppress numbers accordingly. Each state may have different requirements, such as obtaining prior express written consent before making telemarketing calls or specific rules regarding robocalls. Understanding and complying with these state-specific regulations is essential to ensure full compliance and avoid potential fines.

While these state-specific DNC lists are not covered under the TCPA rule changes, you still need to make sure you are following the regulations to avoid penalties. Regularly checking these lists and staying informed about state laws will help you navigate the complexities of TCPA compliance.

Safe Harbor Provisions

The TCPA includes safe harbor provisions to protect real estate agents who accidentally call the wrong person, provided they can demonstrate compliance efforts. To qualify for these provisions, agents must show that they have taken all necessary steps to comply with the rules, such as searching the National Do Not Call Registry, maintaining an internal DNC list, and checking state DNC lists. These provisions are designed to encourage compliance and prevent frivolous lawsuits. However, it’s still crucial to minimize the risk of accidental calls by implementing robust compliance procedures and training your agents on TCPA regulations. By doing so, you can reduce the risk of penalties and maintain a strong reputation in the industry.

Implications for Real Estate Agents

These changes are a game-changer for how real estate agents, brokers, and marketers approach outreach. Understanding the regulations and responsibilities associated with your specific MLS (Multiple Listing Service) is crucial as well. New leads are the lifetime of a business, but without permission to contact, how can you find new prospects?

Here’s how the TCPA consent changes impact aspects of your business:

Lead Generation Practices 

• Higher cost for leads: With stricter consent requirements, expect third-party lead providers to raise prices as each lead will take more work and be more valuable. Additionally, many traditional inquiry forms will likely become obsolete. In the old ways, multiple parties could be listed on a consent form, but not anymore!

• Direct techniques are essential: Invest in reliable, first-party lead generation methods that allow you to collect consent directly from clients.

• Third-party risks: Don’t buy leads without verifying compliance with the updated TCPA and your brokerage’s do not call list. Cut corners here, and you’ll risk non-compliance.

• Clear Opt-In Forms: Online forms must clearly spell out what the consumer is opting into, including text messages, automated calls, and contacts from specific businesses. Keep records of all consent obtained from online forms, opt-in texts, or emails for at least five years.

  Additionally, consider where you get your information about industry changes. We all get some valuable information from Facebook groups, our local friends in the industry, and Youtube. However, we are talking about potentially significant fines and penalties, as well as an opportunity to turn consumer privacy into an advantage to help you grow your real estate career. Be sure to follow ez Home Search on Youtube and come to our conferences to hear from those industry leaders that will give you the information you must know on the subject.

Calling and Texting Practices to Avoid Unwanted Calls

• Check the National Do Not Call (DNC) Registry and any state registry before contacting leads.  The following states have additional registries and legislation around marketing calls: Arizona, Connecticut, Florida, Maine, Maryland, New Jersey, New York, Oklahoma, Oregon, Tennessee, Utah, and Washington.

• You must verify 1:1 consent before cold calling or texting on an ATDS.

• Avoid using pre-recorded messages, artificial voices, or automated platforms for outreach. 

• Develop personalized, high-quality engagement strategies to build trust with leads. 

Compliance and Liability 

Non-compliance has serious consequences:

• Lawsuits: TCPA-related class action lawsuits surged by 20% in 2023, a trend likely to continue. In 2023, a real estate company settled a TCPA violation class-action lawsuit in Florida for $40 million.

• Fines: Violations carry $500-$1,500 penalties per call or text. Multiply this by dozens of leads, and the math is sobering.  You could be liable for up to four years, after which the statute of limitations runs out.

• Personal Responsibility: Many violations fall under personal liability, so accountability is crucial to protect your business and personal assets. 

If your organization makes outbound calls to existing customers, exemptions for established business relationships (EBRs) may allow you to bypass the national Do Not Call list. There are two types of EBRs:

• Transactional EBR: Related to a prior business transaction.  Any contact must be made within 18 months of the transaction and depends on whether or not the two parties have terminated the relationship. For instance, if the recipient replied “opt-out,” they would need to be placed on the internal “do not call” list.

• Inquiry EBR: Based on a customer inquiry or application. It must relate to services offered by the entity making the call, and the inquiry or application must have happened within the prior 90 days of the call date. Additionally, neither party must have terminated the relationship.

Adapting Your Business to the New Regulations 

1. Pivot Your Lead Acquisition 

• Build lead generation systems to capture one-to-one consent directly. Email communications do not fall under the TCPA consent guidelines.

• Use tools like ezVerify (ezVerify.ai) to maintain compliance. This CRM-integrated solution cross-references your contacts with the DNC registry, flags non-compliant leads, and ensures updates are automatically applied. 

2. Update Your Contact Methods 

• Audit all communication workflows to ensure they follow the updated TCPA rules. That includes cold calling for real estate purposes.

• Implement processes to track and honor opt-out requests seamlessly across all channels.  All real estate brokerages must maintain an internal do-not-call list based on consumer consent.

3. Train Your Staff 

Educate your real estate team on the new regulations, focusing on:

• Lead qualification criteria under TCPA. 

• Handling opt-outs and revocations properly, maintaining a “do not call” for real estate list. 

• Respecting consumer preferences and prioritizing compliance at every interaction. 

Compliance Made Easy with ezVerify 

Navigating TCPA compliance doesn’t have to be a headache. Tools like ezVerify simplify the process, allowing you to focus on growing your real estate business. 

Here’s how ezVerify can help you:

• Seamless CRM Integration: Keeps your contact database automatically updated with DNC checks. 

• Real-Time Flagging: Instantly identifies numbers on the DNC registry and initiates a countdown timer for compliant outreach. 

• Reduced Risk of Fines: Safeguards your business from potential violations and lawsuits. 

Sign up today at ezVerify.ai and ensure your team can contact leads confidently—without compromising compliance.   

Final Thoughts 

The TCPA changes in 2025 represent both a challenge and an opportunity. For real estate professionals, compliance is not just about avoiding fines—it’s about respecting client trust and setting yourself apart as an ethical, client-first business. Start preparing now. Build trust, prioritize compliance, and empower your team to succeed in this new landscape. With the right tools and strategies, you’ll be well-equipped to thrive in 2025 and beyond.