New TCPA Rules for 2025: What Every Real Estate Agent Must Know to Avoid $500++ Fines
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Let me give it to you straight.
There’s a storm coming, and if you’re not ready, it could cost you big—I’m talking fines, lawsuits, and sleepless nights wondering how it all went wrong.
Starting January 2025, new federal rules under the Telephone Consumer Protection Act (TCPA) are going into effect.
If you’re not paying attention, these changes could slap you with a $500 fine PER VIOLATION—and that’s just the beginning.
TCPA lawsuits have already surged 40% this past year, so you can bet the enforcement hammer is coming down hard.
The good news?
This letter is your lifeline.
Read it carefully.
Follow the steps.
And you’ll stay out of trouble while your competition stumbles blindly into the fire.
What Is the TCPA? And Why Should You Care?
The Telephone Consumer Protection Act was designed to keep your phone from blowing up with robocalls, spammy texts, and other nonsense.
1. Telemarketing calls
2. Auto-dialed calls
3. Prerecorded messages
4. Text messages
And even unsolicited faxes (yes, people still fax).
And now it’s getting stricter. Why?
Because the lead generation industry has been exploiting loopholes for years, flooding consumers with junk calls and texts.
Regulators are cracking down, and unfortunately, real estate agents like you are caught in the crossfire.
Let me break this down for you in plain English:
As of March 2024
Text messages are now treated the same as phone calls under TCPA. If you thought texting was a “safe” option, think again.
As of January 2025
1:1 written consent is required before contacting anyone using regulated technologies. This includes anyone on the Do Not Call (DNC) Registry.
1. Autodialers
2. Prerecorded messages
3. Artificial intelligence tools (like voice cloning or “AI assistants”)
Bottom line: If you’re using ANYTHING automated, you’d better have explicit, written permission first—or you’re setting yourself up for a fine.
This isn’t rocket science. Here’s the playbook:
Check the DNC Registry.
Before calling or texting, confirm the number isn’t on the federal or brokerage DNC list.
Skip the Automation.
Don’t use autodialers, prerecorded messages, or AI-generated voices. Manual dialing is your safest bet.
1. Purchased leads are a lawsuit waiting to happen. If you MUST buy them, scrutinize the vendor’s terms and confirm their compliance with TCPA rules.
2. Ensure that your ads have a direct 1:1 opt in form with a platform like Youtube, Google, Fb or Insta...
Obtain Written Consent.
If you’re contacting someone using ANY regulated technology—or if they’re on the DNC list—get 1:1 written permission first.
Active Business Relationship: Consent is valid for 18 months if you’re actively working with them (e.g., a recent transaction).
Non-Business Relationship: Consent lasts for 3 months if there’s no ongoing transaction.
Pro tip: Keep a tight grip on your records. If you can’t prove consent, it’s like you never had it.
Let’s make this crystal clear:
For Sale By Owner (FSBO): Unless you have a specific buyer interested in their property, check the DNC lists before contacting them.
Expired Listings (Within Your Brokerage): You can call these folks under the 18-month business exception—but only if they haven’t explicitly revoked consent.
Expired Listings (Outside Your Brokerage): Different story. ALWAYS check the DNC lists. Knowing them personally doesn’t count as permission.
Caller ID Rules: Make sure your name or business shows up on Caller ID. Blocking your number is a separate violation.
Think $500 per violation isn’t a big deal? Think again.
Call or text 20 people without proper consent?
That’s $10,000.
Repeat that mistake over the course of a week?
You’re looking at six figures in fines.
Lawsuits are rising because agents (and their brokerages) aren’t taking this seriously. Don’t be one of them.
Be smart. Be conservative. If you’re unsure, don’t call or text until you’ve double-checked the rules.
Not only will you avoid the fines and headaches, but you’ll also build trust and credibility with your potential clients—something that no amount of marketing can buy.
Remember: Staying compliant isn’t just about protecting your wallet. It’s about protecting your reputation, your business, and your future in real estate.
Now, go do the right thing.
Sincerely,
Your No-Nonsense Compliance Coach
(P.S. This isn’t legal advice. If you’re unsure about anything TCPA-related, consult with a qualified attorney. Better safe than sorry.)
& if you are wondering how you are going to get 1:1 consent leads to continue to grow your business, let's chat here and help you create a game plan: https://funnel.sheridanst.io/book-now
Cody May
Founder of Sheridan St.
What could be better than a knowledgeable, lively group of people who have a passion for what they do and are good at it, too? We have put together an extraordinary team of innovative, committed members who put client success first.
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