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- TCPA Compliance: Essential Do's and Don'ts Every Real Estate Agent Must Know
TCPA Compliance: Essential Do's and Don'ts Every Real Estate Agent Must Know
Recent TCPA enforcement actions have cost real estate companies millions—Keller Williams paid $40 million for violations in 2023. With penalties reaching $1,500 per call, understanding compliance isn't optional—it's essential for survival.
Critical TCPA Do's for Real Estate Agents
TCPA Requirement | What You Must Do | Penalty for Violation |
|---|---|---|
Written Consent | Obtain explicit written permission before using automated systems | $500-$1,500 per call |
DNC Registry | Scrub numbers monthly against National Do Not Call Registry | $500-$1,500 per call |
Opt-Out Requests | Honor all revocation requests within 10 business days | Multiplied penalties |
Documentation | Maintain comprehensive CRM records with timestamps | Loss of legal defense |
Key TCPA Do's Checklist:
✓ Obtain written consent before automated dialing
✓ Update DNC scrubbing at least monthly
✓ Process opt-outs within 10 days
✓ Document everything in your CRM
✓ Call only between 8 AM - 9 PM recipient's time
Dangerous TCPA Don'ts to Avoid
⚠️ Never Do These:
DON'T use auto-dialers for cold leads - Requires explicit written consent
DON'T trust third-party lead consent - Consent doesn't transfer between businesses
DON'T call outside 8 AM - 9 PM - Automatic violation regardless of intent
DON'T ignore opt-out requests - Creates multiplied liability exposure
Frequently Asked TCPA Questions
Q: Can I text FSBO listings? A: Only with manual texting and DNC registry compliance. Automated texts require written consent from the property owner. | Q: Are expired listings exempt? A: No. All consumer communications fall under TCPA unless you have an established business relationship within 18 months. |
Q: What about email marketing? A: Email operates outside TCPA jurisdiction. It's regulated by CAN-SPAM, which only requires opt-out options—not prior consent. | Q: Can I use ringless voicemail? A: No. The FCC considers ringless voicemail subject to TCPA requirements, requiring prior written consent. |
The Safer Alternative: Email Marketing
While TCPA creates significant barriers for phone and text outreach, email marketing offers unrestricted access to cold leads. No consent requirements, no DNC restrictions, and no $1,500 penalties per message.
Email Marketing Advantages:
✓ No TCPA regulation or compliance requirements
✓ Contact cold leads immediately
✓ Scale to thousands of prospects
✓ Rich content with images and documents
✓ Automated nurture sequences