Quick answer: The TCPA limits how real estate investors call and text. FCC rules restrict autodialed or prerecorded telemarketing to numbers with prior express written consent, require honoring the National Do Not Call Registry and opt-outs, and limit calling to 8 a.m. to 9 p.m. local time. DispoKey Growth Lab campaigns build consent capture into every lead form.
- Capture written consent before automated calls or texts.
- Scrub lists against the National Do Not Call Registry.
- Honor opt-outs and log them across every channel.
What the TCPA covers
The Telephone Consumer Protection Act and the FCC rules under it govern telemarketing calls, autodialed calls, prerecorded messages and texts. Investors who call or text homeowners about buying their house are usually making telemarketing contacts.
The FCC's rule is published at 47 CFR 64.1200, which covers consent for autodialed and prerecorded calls and texts, Do Not Call requirements and calling-time limits. The FTC's Telemarketing Sales Rule adds overlapping requirements; the FTC Do Not Call Q&A explains them. State laws can be stricter.
Consent: what you need and when
Telemarketing calls or texts sent with an autodialer or artificial or prerecorded voice to a mobile number generally require prior express written consent. Manually dialed calls have fewer consent requirements but still must follow Do Not Call rules.
Written consent should clearly identify who will contact the person, state that the calls or texts may be automated and not be a condition of any purchase. Keep a record of the form, the wording, the date, the IP address and the phone number. Our landing page guide shows where a consent checkbox fits.
Do Not Call rules
Telemarketers must check numbers against the National Do Not Call Registry and keep their own internal do-not-call list. A person who asks you to stop must be added to that internal list.
Organizations access the registry through telemarketing.donotcall.gov and must refresh their lists regularly under the rules. The FCC Reassigned Numbers Database shows whether a number was disconnected since you obtained consent, which helps avoid calling a new owner of that number.
Calling hours and identification
FCC rules prohibit telephone solicitations to residences before 8 a.m. or after 9 p.m. in the called person's local time. Remote teams should set dialer windows by the lead's time zone, not the office's.
Callers must give their name, the business they represent and a contact number or address. Prerecorded messages must include an opt-out mechanism. Several states set narrower hours or extra registration rules, so check the state where your leads live.
Texting motivated sellers
Texts are treated like calls under the TCPA. Automated marketing texts need consent, and every message should make it easy to reply STOP.
Process opt-outs across every system, including your CRM and texting platform. The FCC's robocall and text guide explains consumer rights. Our investor CRM guide covers consent fields, and leads without cold calling covers inbound channels that start with consent.
Worked example: scrubbing a call list
Scrubbing removes numbers you should not contact before the first dial. Here is one list with labeled example numbers.
Illustrative only: a skip-traced list has 5,000 numbers. 1,150 are on the National Do Not Call Registry, 90 are on your internal do-not-call list and 160 show as reassigned since consent was obtained. That leaves 3,600 numbers, or 72% of the original list, for manual contact under the remaining rules. Judge what a list really costs after scrubbing, not before, since removed numbers still cost money to buy. Automated contact still needs written consent for each number.
| Step | Example count |
|---|---|
| Skip-traced numbers | 5,000 |
| On National Do Not Call Registry | − 1,150 |
| On internal do-not-call list | − 90 |
| Reassigned since consent | − 160 |
| Remaining for manual contact | 3,600 (72%) |
Inbound campaigns reduce consent risk
Inbound channels, such as search ads and websites, start with the homeowner reaching out and agreeing to be contacted. That gives you a consent record at the moment of interest.
DispoKey Growth Lab, at $1,500 per month with ad spend separate, builds seller ads and lead forms with consent language and stores the record with each lead. Clients own all leads and contracts, and dispo through DispoKey is optional. See Growth Lab; we never guarantee lead counts or ROI.
A TCPA compliance checklist for your team
Turn the rules into a short checklist your callers and texters follow every day. A written process is easier to train and audit than memory.
Before the campaign
Confirm consent records for any automated contact, scrub the list against the National Do Not Call Registry, your internal list and the reassigned numbers database, and set dialer hours by time zone.
During outreach
Identify yourself and your business on every call, include opt-out instructions in texts and prerecorded messages, and record each opt-out immediately.
After the campaign
Audit a sample of calls and messages, confirm opt-outs were applied across every tool and keep records of consent, scrubs and opt-outs together, with dates, for every campaign you run.
When DispoKey may not be your best option
If you do not have budget for at least three months of ads, start with a small manual outreach program that follows the rules above. A managed campaign suits operators ready to fund and follow up on inbound leads. If your team cannot respond to new inquiries within minutes during business hours, fix staffing first, because consent-based leads still go cold quickly. Rules change, so review the FCC and FTC pages above at least once a year.
Key takeaways
- Automated calls and texts generally need prior express written consent.
- Scrub against the registry, your internal list and reassigned numbers.
- Call only between 8 a.m. and 9 p.m. in the lead's time zone.
Frequently asked questions
Does the TCPA apply to real estate investors?
Yes. Calls and texts to homeowners about buying their property are usually telemarketing and fall under TCPA rules.
Can I text motivated sellers?
Yes, with the right consent for automated messages, a clear opt-out and Do Not Call compliance.
What are TCPA calling hours?
FCC rules bar telephone solicitations before 8 a.m. or after 9 p.m. in the called person's local time.
Does the Do Not Call Registry apply to cold calls?
Yes. Telemarketers must scrub against the National Do Not Call Registry unless an exemption applies.
Official references
- eCFR: 47 CFR 64.1200, delivery restrictions
- FCC: Stop unwanted robocalls and texts
- FTC: Q&A for telemarketers about the Do Not Call provisions
- National Do Not Call Registry for telemarketers
