Real Estate Professionals: Key Tips for Complying with New FCC Cold Calling Rules

As of January 27, 2025, the Federal Communications Commission (FCC) has implemented new regulations under the Telephone Consumer Protection Act (TCPA) that significantly impact how real estate professionals can engage in telemarketing activities, including cold calling and text messaging. These changes are designed to enhance consumer privacy by closing the "lead generator loophole" and requiring explicit, individualized consent for each business intending to contact consumers. If you have questions about compliance or need assistance, REBLAW, a Real Estate and Business boutique law firm powered by Lex Tecnica, LTD, is here to help.

Key Changes Under the New FCC Rules

1. One-to-One Consent Requirement

   • Real estate professionals must now obtain prior express written consent directly from each consumer before making telemarketing cold calls or sending text messages using an automatic telephone dialing system (ATDS) or prerecorded voice.

   • This consent must be specific to the individual business; blanket consents covering multiple entities are no longer permissible.

     
     

2. Prohibition of Shared Lead Consent

   • The previous practice where consumers' consent was obtained through lead generators listing multiple partner businesses via hyperlinks is now prohibited.

   • Each consumer must provide explicit consent to be contacted by each specific business, ensuring they are fully aware of who will be reaching out to them.

     
     

3. Enhanced Record-Keeping Requirements

   • Businesses are required to maintain detailed records of the consent obtained from consumers, including the specific language used and the method by which consent was acquired.

   • This documentation is crucial for demonstrating compliance in the event of a dispute.

Tips for Real Estate Professionals to Ensure Compliance

1. Review and Update Consent Practices

   • Evaluate your current methods of obtaining consumer consent to ensure they align with the new one-to-one consent requirements.

   • Implement procedures that secure explicit, written consent from each consumer, clearly identifying your specific business as the caller.

     
     

2. Avoid Purchasing Non-Compliant Lead Lists

   • Exercise caution when acquiring lead lists from third-party vendors.

   • Ensure that any leads purchased have provided explicit consent to be contacted by your specific business. Relying on generic consents obtained by lead generators may result in non-compliance.

3. Implement Robust Record-Keeping Systems

   • Establish and maintain comprehensive records of all consents obtained, including timestamps, consent language, and the method of acquisition.

   • This documentation will be essential in demonstrating compliance with the new regulations.

4. Train Staff on Compliance Requirements

   • Ensure that all team members involved in telemarketing activities are fully informed about the new FCC rules and understand the importance of obtaining and documenting explicit consumer consent.

5. Consult REBLAW

   • For expert guidance, consult REBLAW, a Real Estate and Business boutique law firm powered by Lex Tecnica, LTD. We specialize in helping professionals like you navigate legal complexities and ensure compliance with updated TCPA regulations.

Call to Action

Non-compliance with these new regulations can result in significant penalties, including fines and legal action. By proactively updating your consent practices and ensuring all telemarketing activities adhere to the FCC's new rules, real estate professionals can continue to engage with potential clients effectively while maintaining compliance.

If you need further assistance or want to ensure your business practices are fully compliant, contact REBLAW today. Let us help you navigate these regulatory changes with confidence and precision.