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- TCPA vs CAN-SPAM: Why Email Beats Phone for Real Estate Prospecting
TCPA vs CAN-SPAM: Why Email Beats Phone for Real Estate Prospecting
Two federal laws govern real estate communications, but they're not created equal. TCPA violations cost agents up to
$1,500 per call
, while CAN-SPAM violations rarely exceed $50,120—and only for massive, intentional abuse.
TCPA vs CAN-SPAM: Side-by-Side Comparison
Requirement | TCPA (Phone/Text) | CAN-SPAM (Email) |
|---|---|---|
Prior Consent | Required - Written consent mandatory | Not required - Can email immediately |
Cold Outreach | Prohibited without consent | Fully permitted |
DNC Registry | Must check and comply | Not applicable |
Time Restrictions | 8 AM - 9 PM only | 24/7 permitted |
Penalties | $500-$1,500 per violation | Warnings first, fines rare |
Scalability | 30-50 contacts/day max | Unlimited volume |
TCPA: The Communication Killer
TCPA Creates Massive Barriers:
Written Consent Required: Any automated calling or texting needs explicit written permission
DNC Registry Compliance: 246 million numbers off-limits without existing relationships
Time Restrictions: Calls limited to 8 AM - 9 PM in recipient's timezone
Penalties: $500-$1,500 per violation, with 4-year statute of limitations
Recent enforcement shows the risk: Realogy settled for $20 million in 2025 for 298,494 violations. Individual agents face lawsuits ranging from $5,000 to $50,000 for minor infractions.
CAN-SPAM: The Reasonable Alternative
CAN-SPAM Simple Requirements:
No Prior Consent Needed: Contact anyone immediately via email
Simple Compliance: Include unsubscribe link and physical address
Honest Headers: Use real sender information and accurate subject lines
Minimal Penalties: Warnings for first offenses, fines only for egregious violations
Real-World Impact on Agents
Agent A: Phone-First Strategy
Must manually dial each number
Verify DNC status for each
Document every call
Time: 50+ hours for 1,000 contacts
Risk: $1.5 million potential liability
Agent B: Email-First Strategy
Send to all 1,000 leads at once
No DNC verification needed
Automated tracking included
Time: 2 hours for 1,000 contacts
Risk: Near zero with proper headers
The Strategic Advantage
Capability | TCPA Phone Outreach | CAN-SPAM Email Marketing |
|---|---|---|
Contact Volume | 50-100 daily maximum | 10,000+ daily possible |
Content Types | Voice only | Text, images, videos, documents |
Automation | Requires written consent | Fully automated sequences allowed |
Cost per Contact | $15-25 including time | $0.01-0.10 fully automated |
Legal Risk | High - Active enforcement | Low - Rare enforcement |
Key Takeaway
While competitors struggle with TCPA compliance, email-first agents build massive pipelines without legal risk. The choice is clear: embrace CAN-SPAM's reasonable requirements or fight TCPA's restrictive regulations.
Secure Your Exclusive Zip Code with Real Intent
How many calls do you make each month? At $1,500 per violation, even a 1% error rate can lead to significant TCPA liability. By securing your exclusive zip code with Real Intent, you gain access to targeted leads enriched with multiple emails and valuable insights, allowing you to engage effectively while minimizing risk.