TL;DR: Starting January 27, 2025, new FCC rules under the TCPA will change how brokerages and realtors can use texting. You’ll need specific, written consent from clients to send texts, and consent must be tied directly to your business and the purpose of communication. Broad consents from lead generators are no longer valid.

To comply, update your consent forms, review lead sources, train your team, and use tools to manage consent and opt-outs. Also, create a clear Do Not Contact (DNC) policy to handle opt-outs effectively and maintain compliance. Acting now will protect your business from fines and improve client trust.

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Texting is an essential real estate communication tool that helps brokerages and realtors provide instant updates, schedule showings, and keep clients in the loop. But as of January 27, 2025, the FCC’s updates to the Telephone Consumer Protection Act (TCPA) will enforce stricter guidelines on how brokerages and realtors can text their clients. These changes are designed to protect consumers from unsolicited messages while ensuring businesses only contact individuals who have explicitly agreed to it.

The new “one-to-one consent” rule is at the heart of these updates. Under this regulation, brokerages and realtors can only send texts to clients who have given specific, written consent to receive communications from their business. This means no more relying on broad consents or bundled permissions collected by third-party lead generators. Now, consent must be clear, specific, and tied directly to your agency.

Why the New Texting Laws Matter for Brokerages and Realtors

Before these changes, lead generators often used vague language to obtain consumer consent, allowing multiple affiliate companies to send texts and calls to a single individual. It’s as annoying as it sounds and has led to widespread frustration, as consumers often don’t realize they’ve agreed to be contacted by so many businesses. The FCC’s updated rules aim to close this “lead generator loophole.”

So what do brokers and realtors need to know?

• Consent must be business-specific: Clients must opt in specifically to your brokerage or agency.

• Consent must be in writing: Verbal agreements are no longer valid under the TCPA.

• Messages must be relevant: Texts must align with the original reason for the consent, such as updates about a specific property or transaction.

These rules create better client experiences and minimize the risk of fines and legal trouble for businesses. However, they also require brokerages to reassess their outreach strategies and tighten up compliance protocols.

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Immediate Action Plan for Managing Brokers

Ahead of the new change, these are a few things brokerages can do today.

1. Audit Your Current Processes:

   • Review your lead generation methods and ensure all sources comply with the new TCPA standards. While larger lead sources may be on top of this rule, reach out to all of your lead sources to make sure they will be compliant.

   • Evaluate your consent forms to confirm they are clear and explicit about who will contact the client and for what purpose.

2. Train Your Team:

   • Educate realtors, inside sales agents (ISAs) and staff on the importance of TCPA compliance. Explain the new changes clearly and ensure that they’re being enforced.

   • Provide examples of compliant consent language and clarify what qualifies as a valid opt-in.

3. Update Your Tools and Systems:

   • Update your customer relationship management (CRM) system to track and manage consent records securely and accurately.

   • Implement texting software with built-in opt-out functionality and consent tracking features.

4. Develop a Comprehensive Do Not Contact Policy:

   • Create a written policy outlining how your brokerage will handle opt-out requests and maintain compliance with Do Not Contact regulations.

   • Regularly clean your contact lists to ensure you’re not messaging clients who have opted out.

Roadmap to Crafting a Do Not Contact Policy

A well-crafted Do Not Contact (DNC) policy is essential for compliance and client trust. Here’s how brokerages and realtors can create one:

1. Define Your Policy:

   • Clearly state how your brokerage collects and manages opt-out requests.

   • Specify how often your team will update contact lists to reflect changes.

2. Document Opt-Out Procedures:

   • Explain how clients can opt out of receiving messages (e.g., texting “STOP” or contacting your office directly).

   • Ensure all team members know how to honor opt-out requests immediately.

3. Use Technology to Support Compliance:

   • Invest in tools that automatically update your records and prevent messaging clients who have opted out.

   • Monitor your texting systems to ensure no unauthorized messages slip through.

4. Train Your Realtors and Staff:

   • Make compliance a standard part of onboarding and ongoing training.

   • Regularly review the DNC policy with your team to ensure everyone understands their responsibilities.

Checklist for Immediate Action

For brokerages and independent realtors, here are the steps to take right away:

• Update Consent Forms: Ensure all forms specify your brokerage and meet the new FCC standards.

• Verify Lead Sources: Confirm third-party lead generators are compliant with TCPA updates.

• Invest in Technology: Use a CRM or texting platform that tracks consent and handles opt-outs automatically.

• Train Your Team: Educate staff about the new rules and how to document consent properly.

• Create a DNC Policy: Establish procedures for managing opt-outs and regularly updating your contact lists.

• Monitor Compliance: Set up periodic audits to ensure your team adheres to the new texting regulations.

No one enjoys a barrage of unsolicited text messages. While these updates may require adjustments to your outreach strategy, they ultimately create a more trustworthy communication environment for clients. By prioritizing compliance now, your brokerage will not only avoid penalties but also build stronger, more reliable relationships with your clients. Take action today to stay ahead of the curve and maintain your reputation as a professional, client-focused real estate business.