Coach's Corner: TCPA Update

Welcome back to Coach’s Corner on the Double Duty Agent Podcast! A couple of weeks ago, we dove into the Telephone Consumer Protection Act (TCPA) and what it means for real estate agents like you. Today, we’re following up with some important updates and reminders that could impact how you connect with potential clients.

What’s New?

On January 24, 2025, the FCC announced a postponement of the highly anticipated rule change requiring one-to-one consent for automated calls and texts. While this gives agents a temporary reprieve from implementing stricter regulations, it’s crucial not to let your guard down.

What Happens Next?

The FCC will publish a Public Notice in the Federal Register to announce the new effective date. If the Eleventh Circuit issues a decision upholding the rule, the effective date could come sooner than January 26, 2026. Until then, here’s what you need to know:

1. Prioritize Consent
   Even with the delay, it’s essential to obtain clear and documented consent from potential clients before sending automated messages or making robocalls. Don’t wait until the last minute to adjust your practices—start reviewing your procedures now to ensure you’re ready when the rules eventually take effect.

2. Manual Outreach Is Still Allowed
Agents can continue to make manual calls to FSBOs and expired listings. However, you must:

• Check the Do Not Call list diligently.
• Document any consent properly.

Here are several ways to check if a number is on the Do Not Call (DNC) Registry:

• Manually check a number by visiting the official National Do Not Call Registry website.  https://telemarketing.donotcall.gov/
• Utilize a bulk scrubbing service to scrub large contact lists.
• Deploy compliance software that automatically includes DNC checks.

If you’re purchasing leads, verify what kind of DNC scrubbing the provider is doing. Ignorance isn’t an excuse—if the numbers aren’t properly scrubbed, you’re still liable.

Remember, manually dialed calls without pre-recorded messages don’t require prior express consent under the current TCPA rules, provided the number isn’t on the DNC list. If someone asks you not to call again, even if they’re not on the national DNC list, that request must be honored as part of your own internal DNC list.

3. Understand Potential Penalties
While the new rules are postponed, neglecting to prepare could lead to hefty fines when they’re enforced. As it stands:

• TCPA violations incur penalties of $500 per call.
• Plaintiffs can demand up to three times that amount for willful violations, leading to fines in the millions.
• Even innocent mistakes, like missing disclosures, can result in hundreds of thousands in fines.

Exceptions to Consent Requirements:

• Calls that are manually dialed without a pre-recorded message.
• Calls made for emergency purposes.
• Calls not made for commercial purposes.
• Calls delivering pre-recorded health care messages under HIPAA.
• Calls made by tax-exempt non-profits.
• Calls made for a commercial purpose that isn’t telemarketing or advertising (e.g., calls related to ongoing transactions).

Common TCPA Violations to Avoid:

• Unsolicited robocalls for marketing.
• Insufficient or missing identification and disclosure.
• Automated messages sent to mobile devices without prior express written consent.
• Autodialed calls to numbers on the Do Not Call registry.

What About Text Messages?

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