Realtor’s Guide to Telemarketing Compliance

In 2023, Keller Williams Realty paid a $40 million settlement for Telephone Consumer Protection Act (TCPA) violations, which included calling numbers on the National Do Not Call Registry and unsolicited robocalls. In April 2024, the real estate giant was hit with another class action lawsuit for alleged TCPA violations.

Many Realtors do not realize they are “telemarketing” when they call expired listings, referrals, and even former clients of the agency. These lawsuits demonstrate that real estate agents need to know the requirements of the TCPA and other telemarketing regulations. Below is a realtor’s guide to telemarketing compliance that will help minimize risk when utilizing calling and/or texting for marketing.

Understand Federal Telemarketing Regulations

• Learn about the TCPA and its regulations.
• Familiarize yourself with the National Do Not Call Registry maintained by the Federal Trade Commission (FTC).
• Understand the timeframes available for exemptions to the DNC rules for calls/texts to established business relationships (EBRs).
• Train on the rules for the use of automatic telephone dialing systems (ATDS) and robocalls under the TCPA.
• Honor federal time of day restrictions of 8 am to 9 pm, at the consumer’s location. Your state could have stricter restrictions to follow.

Create an Internal Do Not Call List

• Establish a system for maintaining an internal Do Not Call list and honoring requests from consumers that indicate they no longer want to be contacted. If a consumer tells one agent with your company they no longer want to be called, that request must be honored company-wide. 
• Train your staff regularly to honor and adhere to this list.

Check the National Do Not Call Registry

• Before making any telemarketing calls, scrub your call list against the National Do Not Call Registry, when no available exemption applies.
• Remove any numbers listed on the Registry from your call list.

Know If Your State Has Its Own DNC List and/or Other Regulations

• Research and understand the telemarketing regulations specific to the states you operate in. The following states have their own DNC list:
  • Colorado, Louisiana, Missouri, Tennessee, Florida, Massachusetts, Oklahoma, Texas, Indiana, Pennsylvania, Wyoming.
• Ensure compliance with state laws regarding call frequency, holiday calling, and time of day restrictions.
• Understand if your state has stricter rules for using automated systems for dialing and/or calling wireless numbers without consent.

By following these steps, you can help to ensure compliance with federal and state telemarketing regulations, Do Not Call lists, and related matters as a realtor. Compliance is not just about avoiding fines; it’s about building trust with your clients and maintaining a positive reputation in the industry.

CompliancePoint has the experience and expertise to help your business comply with all marketing regulations, including the TCPA, TSR, Do Not Call lists, and all state telemarketing laws. Contact us at connect@compliancepoint.com to learn more about our services.