Upcoming TCPA Rule Changes in 2025: What Real Estate Agents Need to Know

The Telephone Consumer Protection Act (TCPA) has long been a guiding regulation for telemarketing and communication practices. Now, with significant updates coming into effect on January 27, 2025, real estate professionals need to adapt to these changes to ensure compliance. These new rules are designed to tighten consent protocols, regulate automated communication, and enforce stricter penalties for violations.

As a real estate agent, staying compliant not only helps you avoid steep fines but also builds trust with potential clients. Here’s everything you need to know about the upcoming TCPA updates and how they impact your business.

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What is TCPA and Why Are the Rules Changing?

The Telephone Consumer Protection Act (TCPA) is a federal law aimed at protecting consumers from unwanted telemarketing calls, robocalls, and spam messages. It regulates how businesses can communicate via calls, texts, and prerecorded messages.

The upcoming updates aim to:

• Close loopholes exploited by lead generation companies.
• Crack down on excessive robocalls and automated texts.
• Strengthen consumer protections through stricter consent requirements.

Penalties for non-compliance include fines ranging from $500 to $1,500 per violation, with a statute of limitations of four years.

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Key Changes Under the New TCPA Rules

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1:1 Written Consent for Automated Technologies

Starting January 2025, real estate agents must obtain individual written consent to contact anyone using automated technologies, such as autodialers, prerecorded messages, or AI-powered communication tools.

What You Need to Know:

• Before: Agents could rely on blanket permissions or purchased leads that included general consent for communication.
• Now: Consent must be specific to your business. Each individual must explicitly agree to receive calls or texts from you.

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Consent Revocation

Consumers now have the right to revoke consent through any medium—text, email, or even a verbal request. Agents must honor these revocations within 10 business days.

What You Need to Know:

• Failing to act on a revocation request could result in significant fines.
• Best practice: Create a system to track and promptly process opt-outs.

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Stricter Rules on Lead Generation

Purchasing lead lists? Be careful. Lead generators can no longer sell you contacts unless those individuals have provided explicit consent to your specific business.

What You Need to Know:

• Verify the source of any purchased leads to ensure they comply with the new TCPA rules.
• Avoid lists that contain “interested people” without direct consent.

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Automated Calls and Prerecorded Messages

Automated calls and prerecorded voicemails are off-limits unless you have written consent from the recipient.

Best Practices:

• Use manual dialing to stay compliant when contacting new prospects.
• Reserve automated tools for leads with clear, documented consent.

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Do Not Call (DNC) Compliance

The rules around the Do Not Call (DNC) Registry remain strict: if someone is on the registry, you cannot call them unless you have an existing business relationship (EBR) or explicit consent.

What You Need to Know:

• Violations carry fines of $500-$1,500 per call.
• Keep your records updated and regularly cross-check against the DNC list.

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How This Affects Real Estate Scenarios

Here’s how the new TCPA rules impact common real estate activities:

For Sale by Owner (FSBO) Calls

• Manual Dialing: Allowed as long as the recipient is not on the DNC list.
• DNC List Exceptions: You may call FSBOs on the DNC list if you are inquiring on behalf of a buyer or to discuss the property without soliciting a listing agreement.

Expired Listings

• Manual Dialing: Permitted for expired listings, even if the number is on the DNC list. Treat these calls similarly to FSBO scenarios.

Cold Calling Neighborhoods

• Stick to manual dialing for outreach.
• Avoid calling anyone on the DNC list unless you have explicit consent.

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When is Verbal Consent Enough?

Verbal consent is acceptable for manual calls under certain conditions, such as:

1. Past Clients: If you’ve worked with someone in the last 18 months, an EBR allows for follow-up calls.
2. Prospecting Without Automation: Verbal consent is sufficient for non-automated, manual calls.

However, verbal consent is not enough for:

• Calls or texts made using auto-dialers.
• Sending prerecorded messages or using AI-driven tools.

Pro Tip: Always aim to document verbal consent in your CRM or notes for added protection.

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How to Get Written Consent

Here are some simple strategies to collect written consent:

1. Add Opt-In Fields to Forms
   • Example: “I agree to receive automated calls or texts from [Your Name/Business].”
   • Use tools like Google Forms, JotForm, or DocuSign for easy implementation.
2. Text-to-Confirm
   • Send a manual text: “Reply YES if you’d like to receive real estate updates from me.” Save the response as documentation.
3. Website Opt-Ins
   • Add a popup or form to your website: “Sign up to receive market updates via automated messages!”
4. Closing Packet Inclusion
   • Include consent requests in client onboarding forms or closing packets.
5. Client Events and Webinars
   • Use registration forms to gather consent during webinars or client appreciation events.

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Staying Compliant: Best Practices

1. Track Consent in Writing: Written consent is the gold standard. Always aim to collect and document it.
2. Manual Dialing for DNC Numbers: Avoid automated tools for any number listed on the DNC registry unless you have explicit consent.
3. Regularly Update Your CRM: Keep records of consent, opt-outs, and communication preferences.
4. Educate Your Team: Ensure your entire team understands and follows the updated rules.

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Final Thoughts

While the new TCPA regulations may seem daunting, they’re designed to foster transparency and respect for consumer preferences. For real estate agents, the key to success is proactive compliance. Embrace these changes as an opportunity to refine your communication practices, build trust with clients, and stand out as a professional who values consumer rights.

By staying informed, implementing best practices, and securing proper consent, you can navigate these changes confidently and compliantly. Compliance isn’t just a legal necessity—it’s a way to protect your reputation and grow your business responsibly.

Sources:

https://conversion-monster.com/new-tcpa-laws-what-real-estate-agents-need-to-know-for-2025/

https://natlawreview.com/article/upcoming-telephone-consumer-protection-act-tcpa-changes-2025