TCPA Rules Change delayed until January 26, 2026

Originially set to go into effect on January 27, 2025, the FCC has postponed the January 26, 2026 for the significant updates to the Telephone Consumer Protection Act (TCPA). These changes will impact how real estate agents can contact prospects and clients. Non-compliance could result in fines ranging from $500 to $1,500 per violation. This guide covers what you need to know.

2026 TCPA Updates

Initially set to go into effect on January 27, 2025, significant Telephone Consumer Protection Act (TCPA) updates will now be delayed until January 26, 2026.

These rules will significantly impact how real estate agents can contact prospects and clients. Non-compliance could result in fines ranging from $500 to $1,500 per violation.

Here’s what you need to know:

National Law Review article on the

Key TCPA Changes and What They Mean for You

Written Consent is Required for Automated Contact
- What You Can’t Do Anymore: Use autodialers, AI-powered tools, prerecorded messages, or mass texting without explicit written consent.
- Risk of Fines: Each non-compliant text or call could cost $500-$1,500.
- Action Plan: Always collect written consent stating the prospect agrees to receive automated communication from you.
Do Not Call (DNC) Registry Now Applies to Texts
- What You Can’t Do Anymore: Send cold texts to numbers on the DNC registry.
- Risk of Fines: Each violation carries a fine between $500 and $1,500.
- Action Plan: Cross-check phone numbers with the DNC list before contacting, whether by text or call.
The Six-Month Rule
- What You Can’t Do Anymore: Contact leads you haven’t communicated with in over six months unless you have new explicit consent.
- Fine Risks: Repeated contact beyond this timeframe could lead to fines.
- Action Plan: Maintain consistent communication or pause outreach after six months without interaction.

What Real Estate Agents Must Avoid

Cold Texting or Automated Calls: Do not use any automated technology to contact prospects unless they’ve explicitly opted in.
Ignoring Revocation of Consent: If someone withdraws consent (via text, email, or verbally), you must stop contacting them within 10 business days.
Relying on Purchased Leads Without Verification: Purchased lead lists must include explicit consent tied directly to your business.

Best Practices to Stay Compliant

Collect Written Consent:
- Add opt-in forms to your website, Google Forms, or JotForm.
- Use texts like: “Reply YES if you’d like to receive real estate updates.”
- Include consent language in client onboarding forms and event registrations.
Document All Interactions:
- Use your CRM to track written and verbal consent.
- Record the date and method of consent for every lead.
Manually Dial DNC Numbers:
- For numbers on the DNC registry, use manual dialing and avoid automated tools unless you have explicit consent.
Educate Yourself and Your Team:
- Ensure everyone on your team understands and complies with the new rules.

Examples of Real Estate Scenarios

For Sale by Owner (FSBO): Manual dialing is allowed unless the number is on the DNC list, and you’re soliciting a listing.
Expired Listings: You can manually call expired listings even if they’re on the DNC list, but automated tools are not allowed without written consent.
Cold Calling Neighborhoods: Always verify DNC status and stick to manual dialing.

The Risks of Non-Compliance

Fines per Violation: $500-$1,500.
Damage to Reputation: Non-compliance can erode trust with clients and prospects.
Legal Action: Multiple violations could lead to lawsuits, especially for bulk infractions.

In Closing

Following these new TCPA rules is not just about avoiding fines — it’s about respecting consumer rights.

By adapting your practices to these new rules, you’ll position yourself as a knowledgeable, trustworthy agent (and avoid paying hefty penalties/ taking on legal liability).