Text messaging compliance: what every real estate agent needs to know
TCPA, Do Not Call and 10DLC registration: the rules around texting are getting stricter. Here is a plain-English overview of staying compliant while you prospect.
This is a general overview, not legal advice. Rules vary by state and change over time, so check with your broker or an attorney for your situation.
Texting is one of the best ways to reach clients, which is exactly why it is regulated. If you text from a business number in the United States, a few sets of rules apply to you.
10DLC registration
Carriers now require businesses that text from regular ten-digit numbers to register their brand and describe what kind of messages they send. Unregistered traffic gets filtered or blocked. If your texting platform handles registration for you, make sure the description it submits matches what you actually send.
Consent
The safest rule is simple: text people who have agreed to hear from you. Consent should be clear and specific, and it should not be bundled into other agreements. Keep a record of when and how each person opted in.
Opt-outs
- Honor STOP and similar replies right away, and confirm the opt-out once
- Respond to HELP with who you are and how to reach you
- Never text someone again after they opt out
Do Not Call lists and quiet hours
Check numbers against the national and state Do Not Call registries before cold outreach, and avoid messaging early in the morning or late at night. Some states set specific hours.
AI and automated messages
Automation makes it easy to send a lot of messages, which makes it easy to make a lot of mistakes. Whatever tool you use should check consent and Do Not Call status before sending, stop on opt-outs automatically and keep a log of every message.
