Texting Real Estate Leads: TCPA and CAN-SPAM Basics

Texting and email are the fastest ways to reach a lead, and also where agents most often stumble into compliance trouble. This guide explains the basics in plain English. It is general information, not legal advice. Rules vary by state and change over time, so confirm with your broker, brokerage compliance team or an attorney before you build a messaging program.

The Two Rules Agents Hear About

• CAN-SPAM covers commercial email.
• TCPA (the Telephone Consumer Protection Act) covers calls and texts, especially marketing messages sent with automated technology.

State laws can add more, and your brokerage may have stricter policies. Follow whichever is stricter.

Email: What CAN-SPAM Requires

The FTC’s CAN-SPAM compliance guide for business lists the requirements for commercial email. In short:

1. Do not use false or misleading header information. “From,” “To” and “Reply-To” must be accurate and identify you.
2. Do not use deceptive subject lines. They must reflect the content.
3. Identify the message as an ad where it is one.
4. Include your valid physical postal address.
5. Explain how to opt out of future marketing email.
6. Honor opt-out requests promptly. The FTC says within 10 business days, and your opt-out method must work for at least 30 days after you send.
7. Monitor what others do on your behalf. Hiring a company to send email does not remove your responsibility.

The FTC notes that each separate violating email can carry significant penalties (the figure is adjusted for inflation, so check the current amount). Transactional or relationship messages, such as confirming a showing a person requested, are treated differently from marketing, but do not stretch that label to cover promotions.

Texts: What the TCPA Means for Agents

Broadly, the TCPA restricts certain calls and texts to people unless you have the right kind of consent, and the strictest requirements apply to marketing messages sent with autodialers or prerecorded voices. For marketing texts, the common standard is prior express written consent: a clear agreement, usually on a form, that says the person agrees to receive marketing texts from you at their number. Do-not-call registries and state laws add more requirements.

Practical implications:

• Do not buy a list and text it. Consent does not transfer from whoever collected the number.
• Put consent wording on your forms where people share their number, whether that is a listing page, open house sign-in or landing page.
• Keep a record of when and how each person agreed.
• Honor requests to stop immediately, however they phrase it.

Recent Changes Worth Knowing

Two developments have made headlines. Check each for its current status before relying on it.

The one-to-one consent rule was struck down

The FCC adopted a rule requiring consent to be given to one seller at a time rather than to a group of partners. In January 2025, the Eleventh Circuit vacated that rule, as summarized by Morrison Foerster. It did not change the underlying need for valid consent.

Revocation rules tightened

Another FCC rule on revoking consent took effect in April 2025 for most provisions. Under it, common keywords such as stop, quit, cancel, unsubscribe and end are treated as valid revocation requests, and you generally must honor them within a reasonable time, not more than 10 business days. One piece, the so-called “revoke-all” provision, has been delayed more than once. Trade press has tracked the delays, so check the FCC’s site for the current date.

The takeaway: build your messaging so that any clear request to stop ends it everywhere, rather than parsing exact words.

A Practical Compliance Checklist

1. Add clear consent wording next to every phone field you collect.
2. Tell people what they will receive and roughly how often.
3. Include a physical address and unsubscribe link in marketing emails.
4. Honor opt-outs fast, on every channel.
5. Keep a log of consent and opt-outs.
6. Only send what you can support. Do not misstate facts about a property.
7. Follow your brokerage’s policy and ask compliance when in doubt.

Sample Consent Wording (Edit With Your Broker)

By submitting this form, I agree that [your name] of [brokerage] may contact me by phone, text and email about this property and related real estate services at the number and address I provided. Message and data rates may apply. I can reply STOP to opt out of texts at any time.

Have your broker or counsel review it. Do not treat this as approved language.

One-to-One Texting From Your Own Phone

Many agents prefer a personal text sent from their own phone number to a lead who asked to hear from them. That keeps the conversation human and replies land where you already answer. ListingFlare’s Text button on a lead opens your phone’s messages app with their number and a ready-to-send note, so the message sends from your real number. You still need the lead’s consent and must honor opt-outs. See more in how to respond to real estate leads and our nurture campaign plan.

Put Consent in the Flow

Texts from your own number feel personal. ListingFlare’s Text button opens your phone’s messages with the lead’s number ready, so the message sends from your real number. You still need the lead’s consent and must honor opt-outs. You can see the live demo or start the 14-day free trial.