Do Not Call List Rules For Realtors: TCPA Basics Every Agent Should Know

On New Year’s Day, a friend and client told me a homeowner was demanding $9,000 for 3 calls made by his agents last year. I advised him that, in my view, the calls didn’t violate the Telephone Consumer Protection Act (TCPA), but recommended he consult a TCPA attorney. He then asked, “What’s the TCPA?”

The Telephone Consumer Protection Act (TCPA) is a 1991 U.S. law that limits unsolicited telemarketing calls, robocalls, and texts by restricting automated dialing and prerecorded messages, requiring consent, and creating Do-Not-Call registries. Violations can incur penalties up to $1,500 per willful offense.

Due to the complexity and potential risks involved, I consulted with telemarketing and data privacy attorney Kellie Bubeck from Bubeck Law in Kansas City, Kansas. She has played a key role in assisting ArchAgent with telemarketing compliance over the years. As a nationally recognized expert in this field, Kellie’s guidance has been extremely valuable to our organization.

With Kellie’s generous permission, I’m sharing her blog post on the TCPA for real estate agents. For those who need personalized compliance guidance, Kellie’s contact information is included at the end of her post.

I highly recommend you subscribe to her blog, “Privacy Speak” to stay abreast of telemarketing and data privacy laws. You can subscribe here: https://www.bubecklaw.com/privacyspeak. To review Kellie’s analysis of our compliance, click here. Now, onto the blog…

If you’re a real estate agent or brokerage using calls or texts to generate sales, the Telephone Consumer Protection Act (TCPA) should be on your radar.

TCPA lawsuits against real estate professionals have surged in recent years. These cases frequently name both brokerages and individual agents, are costly to defend, and often stem from routine marketing calls or texts. Before you dial or hit “send,” here’s what matters.

Why TCPA Lawsuits Are a Serious Risk

  • Statutory penalties: $500 per illegal call/text or up to $1,500 per call or text for willful violations
  • Personal liability: Individual agents may be named defendants
  • Class actions: A campaign can quickly create significant financial exposure

TCPA Basics Every Agent Should Know

Do-Not-Call Requests Must Be Honored

If a consumer asks you to stop contacting them:

  • You must add them to your internal Do-Not-Call (DNC) list immediately
  • You may not contact them again unless they reinitiate contact or provide new consent

National Do-Not-Call Registry Applies

If you make unsolicited calls or texts, numbers must be scrubbed against:

  • The National Do-Not-Call Registry
  • Applicable state DNC lists
  • Your internal DNC list

Even if an exemption applies, your internal DNC list still controls.

The Established Business Relationship (EBR) Exception Is Limited

An established business relationship exists only if:

  • The consumer bought or completed a transaction with you within the last 18 months, or
  • The consumer inquired about your services within the last 3 months

Some state laws have shorter timeframes. Once the relationship ends or expires, the exemption no longer applies.

Two Rules Apply to All Calls and Texts

Rule #1: Consent or Scrubbing Is Always Required

For calls or texts made from a CRM, dialer, or personal cell phone, you must:

  • Scrub numbers against federal and state DNC lists, or
  • Have documented consent or a valid EBR

This applies to live calls, manually dialed calls, and texts.

Rule #2: Automated or Prerecorded Messages Require Written Consent

If you use:

  • An automatic telephone dialing system (ATDS)
  • Prerecorded or artificial voice messages (including AI)
  • Ringless voicemail

You must have prior express written consent, with required disclosures and documentation. Consult a qualified attorney to confirm compliance.

Required Compliance Practices for Brokerages

Brokerages should:

  • Maintain a written DNC policy and provide it upon request
  • Train agents on TCPA compliance
  • Keep accurate consent and internal DNC records
  • Make clear that personal cell phones are not exempt

You do not need to purchase the National DNC Registry if you truly do not make unsolicited calls, but many agents unintentionally do.

In short, if you market by phone or text, do not assume real estate is exempt, do not rely on informal consent, do not assume your CRM or vendor is compliant, and do not ignore opt-out requests. TCPA compliance is a serious financial and personal liability issue for real estate agents and brokerages.

Bubeck Law

5440 West 110th Street, Suite 300
Overland Park, Kansas 66211

(913) 340-7206
kellie@bubecklaw.com