Sep 09

That Phone Call Could Cost You: Telemarketing Rules Every Realtor® Should Know in 2026

You see a homeowner’s number. You think, “I should call them.”

Five minutes later, you’re wondering why nobody answered.

Fast-forward a few months—and suddenly that unanswered call is attached to a lawsuit.

Welcome to the not-so-fun side of real estate marketing.

Cold calling and texting are still valuable tools in 2026. But the days of simply buying a list, dialing away, and hoping for a listing are long gone. Federal and state telemarketing laws can turn an innocent prospecting campaign into an expensive headache for both an agent and their brokerage.

The Telephone Consumer Protection Act (TCPA) and federal Do-Not-Call rules remain the big ones to watch. Consumers can sue over certain unwanted calls and texts, and the potential damages can add up quickly when multiple contacts are involved.

There is some good news. Remember that much-discussed FCC “one-to-one consent” rule? It would have required consumers to give consent specifically to an individual seller or service provider. That rule was challenged in court and ultimately vacated, so it is not currently a requirement for real estate professionals.

But don’t break out the champagne just yet.

You still need to respect Do-Not-Call requirements, document consent when applicable, honor opt-out requests, and understand exactly how your CRM, texting platform, dialer, or lead provider is contacting consumers.

And here’s where things get even trickier: state laws can add another layer of restrictions. Pennsylvania, for example, has its own telemarketing requirements. What works in one state may not work in another.

The 2026 takeaway?

Prospect—but prospect smart.

Before you hit “call,” make sure you know where the number came from, whether the consumer has opted out, what your technology is actually doing, and what rules apply where that consumer lives.

Because the best lead-generation strategy in real estate is one that generates listings—not lawsuits.

Source: REALTOR® Magazine
“More Telemarketing Lawsuits Ensnare Agents, Brokerages”
National Association of REALTORS®

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