TCPA Updates: What’s Changing and How Fello is Helping Agents Stay Compliant

Update as of January 24, 2024: The updated TCPA regulations that were to take effect on January 27, 2025 have been overturned by the Eleventh Circuit Court of Appeals, after siding with the Insurance Marketing Coalition's (IMC) petition that challenged that the FCC had "exceeded its statutory authority" in issuing the order in 2023 "because the one-to-one-consent and logically-and-topically-related restrictions impermissibly conflict with the ordinary statutory meaning of 'prior express consent."

Basically, what was legal on Friday, January 24 is still legal today, Wednesday, January 29, and the FCC's one-to-one ruling is no more/never went into effect.

For all the details, watch our webinar where the Czar of TCPAWorld (and attorney), Eric J. Troutman breaks down what was supposed to change, what didn't, and why it's very important to stay compliant with TCPA. You can also read Eric's analysis of the Eleventh Circuit decision, as well as the full IMC ruling. 

A big takeaway from all of this is that TCPA is still very regulated, and maintaining compliance is important. Jump to see how Fello protects our customers and automates compliance. 

Article from January 22, 2025:

As you operate your real estate business, it’s crucial to stay compliant with the laws and regulations that govern how you communicate with your leads and clients. 

One law that’s central to the real estate industry is the Telephone Consumer Protection Act (TCPA). With significant updates to the TCPA set to take effect on January 27, 2025, and additional updates taking effect later on April 11, 2025, it’s important to understand  the changes that impact your business — namely, getting express written consent from the contacts in your database to receive automated marketing calls or texts from you. 

This guide will help you navigate the new requirements, maintain compliant communication practices, and learn what Fello is doing to ensure our platform is compliant with the updates.

Use this quick "table of contents" to jump to the sections most important to you:

Understanding the TCPA: A Brief Overview
New TCPA Requirements: What’s Changing?
How to Implement TCPA Updates into Daily Operations — with Real-World Examples
TCPA Violation Penalties
Best Practices for TCPA Compliance in Real Estate
How Fello Helps Customers Meet TCPA Compliance
Get Compliant Now, So You’re Worry-Free Later 

Understanding the TCPA: A Brief Overview

The Telephone Consumer Protection Act, enacted in 1991 and enforced by the Federal Communications Commission (FCC), is the primary federal law governing telemarketing practices and the use of automated dialing systems to limit unsolicited communications and give consumers more control over who contacts them and for what reason.

The FCC also established the national Do Not Call registry in 2003, which allows individuals to register their phone numbers to block unsolicited telemarketing calls. Businesses are also required to maintain and honor their own do-not-call lists.

Though the TCPA was initially created to address telemarketing calls, its scope has evolved and expanded over the years to cover modern marketing and communication methods, including SMS (short message service) marketing, a.k.a. text messages. Notably, unwanted SMS communications are now covered by the Do Not Call registry. 

It’s important to add that email communications are regulated as well when used for marketing or commercial purposes. The TCPA does not apply to email, but the CAN-SPAM (Controlling the Assault of Non-Solicited Pornography and Marketing Act) Act does. 

Read more about the CAN-SPAM Act’s rules and how to keep your email communications compliant.

New TCPA Requirements: What’s Changing? 

The latest TCPA updates introduce a couple of changes that directly impact real estate professionals, especially with respect to lead generation.

Key updates effective January 27, 2025:

• What’s new: Real estate businesses need to get separate and explicit written consent from every lead and client — referred to as “one-to-one” consent — to send automated telemarketing calls and texts, which includes autodialed or robocalls, robotexts, pre-recorded messages, and artificial voice messages. How this is different: Businesses can’t use a robocall to gain consent for getting robocalls — the consent must be written (which you’ll see in action in our real-word scenarios below). And using broad or blanket consent that covers automated communications from multiple brokerages, affiliated businesses, or partners will no longer be allowed.
• What’s new: Automated communications must be “logically and topically related” to the type of communication the lead or client consented to receive, or relevant to the website where the consent was obtained. How this is different: If a lead consents to receive automated property listings, the business (or its partners) cannot also send them automated mortgage offers.

This also means leads and clients must be made fully aware of who is contacting them. And you’ll also need to review and update your consent records for previously obtained leads in your database — including leads you may have purchased from a third party — to ensure compliance by January 27. 

Key updates effective April 11, 2025:

• Leads and clients will be allowed to withdraw their prior consent to automated calls or texts through any reasonable method, e.g. phone call, email, or text  — including sending “stop,” “quit,” or a similar term. 
• Businesses will not be able to designate an exclusive consent revocation method and must honor the revocation or opt-out request within 10 business days.

How to Implement TCPA Updates into Daily Operations — with Real-World Examples

The new TCPA requirements will change much of how real estate agents handle communications and lead management processes. Let’s examine three key workflows that will be impacted and how to adapt to these changes to ensure compliance.

Please note: This list is not exhaustive and does not constitute legal advice. You may use automated calls or texts or need explicit individual consent for communications and processes that are not covered here. When in doubt, it’s always best to get advice from a legal expert who understands the TCPA and your specific business needs and communication practices.

1. Lead Generation and Initial Contact

This workflow is impacted by the new “one-to-one” consent requirements for automated telemarketing outreach.

How it’s impacted:

• Each real estate business must obtain separate written consent before sending any automated calls or texts.
• Consent must be specific to the type of communication and property information being shared.
• Lead lists purchased from third parties can’t be used without obtaining new, individual consent.
• Communications must relate directly to the context in which consent was obtained.

Real-World Scenario: 

Previous practice: In the past, you may have used lead capture forms on your website that included broad consent to receive automated calls or texts from your business as well as affiliated businesses or partners. 

New requirement: Now, before making contact, you must obtain separate, explicit individual consent from leads to receive automated telemarketing calls and texts from your business only.

Solution: Update your lead capture forms to include specific consent language like this:

By checking this box, I expressly consent to receive emails, calls, and texts from [Business Name], which may be delivered via automated technology, such as autodialers or pre-recorded voice messages. These communications may be marketing or informational in nature. 

I understand that my consent is not required to purchase any property. I can revoke this consent at any time by replying STOP to any message, calling [phone number], or emailing [email address].

2. Automated Property Updates and Notifications

This workflow is impacted by the “logically and topically related” requirement and the need for specific consent for each type of communication.

How it’s impacted:

• Automated messages must directly relate to the original reason for consent.
• Different types of notifications require separate consent.
• All automated call and text systems must have clear opt-out mechanisms.
• Messages must clearly identify the sending agent or brokerage.

Real-World Scenario:  

Previous practice: In the past, you may have used automated communications to market to leads and clients not just your real estate services but also your partners’ products or services — for example, housecleaning, moving, or mortgage services. 

New requirement: Now, your business will be considered the only business with consent — so your leads and clients should only get automated, topically related communications from you. To reiterate the example above, if a contact consents to getting automated property listings, you (or your partners) can’t also send them automated mortgage offers. For that to happen, you would need to get separate written consent to send automated communications about additional topics.  

Solution: Create a consent form on your website that allows leads and clients to select their own automated communication preferences, like the following:

I authorize [Business Name] and its affiliated partners to send information and marketing messages to me via a general email, call, or text or via an automated email, call, or text regarding the products and services selected below. I can modify these preferences at any time by visiting [website] or texting UPDATE to [number].

- Mortgage and loan offers
- Property insurance
- Moving services
- Cleaning services
- Home repair and renovation 

3. Consent Revocation and Opt-Out Management

This workflow is impacted by the new consent revocation rules taking effect April 11, 2025.

How it’s impacted:

• The agent must provide multiple ways for leads and clients to opt out.
• Opt-out requests must be processed within 10 business days.
• The agent can’t restrict how a lead or client revokes their consent or opts out.
• Accurate records of all opt-out requests and processing must be maintained.

Real-World Scenario: 

Previous practice: In the past, you may have required clients to fill out a specific form on your website to opt out of communications. 

New requirement: Starting April 11, you must accept and honor opt-out requests through any reasonable method, including text replies, calls, emails, or website forms.

Solution: Implement a comprehensive and simple opt-out management system:

1. Add the following footer to all automated messages:

To opt out of [type of message], you may:

- Reply STOP to this message
- Call us at [phone number]
- Email [email address]
- Visit [website]

Your request will be processed within 10 business days.

2. Create a tracking spreadsheet or use a CRM system to log:

• • Date of opt-out request
  • Method of request
  • Phone number/contact info
  • Type of opt-out (specific message or all communications)
  • Date processed
  • Staff member who processed the request

3. Consider using lead engagement platform Fello with forms that include Proof of Consent to comply with TCPA guidelines.

TCPA Violation Penalties

Penalties for violations of the TCPA can be severe and potentially threaten the financial and reputational health of your real estate business. 

Financial and other penalties include:

• $500 to $1,500 per violation (this is per text or call and can add up quickly)
• Reputational damage 
• Loss of business relationships
• Legal defense costs

Best Practices for TCPA Compliance in Real Estate

To maintain TCPA compliance and protect your real estate business, follow these best practices:

• • Develop a clear, easy-to-follow system for obtaining and tracking consent — whether it’s a digital consent form or a personal email or both.
  • Review your CRM to understand all the different permissions and consent situations your business may have.
  • Update your current consent forms for all situations and clearly outline all communication types.
  • Maintain detailed records of when and how consent was obtained.
  • Regularly update your contact lists and consent records.

• • Invest in TCPA-compliant communication platforms, or at the very least, ask your current provider if their platform has a plan to meet compliance in time for the effective updates. (See below to learn what Fello is doing for our customers to help ensure compliance with the updates.)
  • Use separate business phone numbers for professional communications.
  • Implement automated opt-out processing, if this isn’t already activated in your current platform.

• • Keep detailed records of all telemarketing communications — types of campaigns and messages you send and via which channel, such as automated call or text.
  • Document opt-out requests and when they were processed.
  • Maintain copies of all consent forms.
  • Record dates and times of all automated communications.

• • Provide all stakeholders with updates on TCPA requirements.
  • Create clear training and procedures for handling consent and opt-outs.
  • Develop scripts or templates for obtaining and documenting consent.
  • Establish a system for reporting potential violations.

• • Always identify yourself as a real estate professional.
  • Include clear opt-out instructions in every message.
  • Use professional language and avoid aggressive marketing or sales tactics.

How Fello Helps Customers Meet TCPA Compliance

Here is an overview of the processes Fello is implementing to help our customers meet compliance with the TCPA’s new rules that are effective January 27, 2025: 

1. Updated Default Consent Language

Fello’s default consent language is now updated to meet the latest TCPA requirements.

However, if you (the Fello customer) have customized the consent language in your account, Fello cannot guarantee compliance for that customized language. It is your responsibility to ensure your consent language updates meet regulatory standards.

2. Proof of Consent Certificates

Starting January 27, 2025, for all leads submitting forms through Fello, a Proof of Consent Certificate (PoCC) will be generated that:

• Is timestamped.
• Includes all necessary contact details, visitor information, and the exact consent language used at the time of submission.
• Is hosted on a dedicated, secure URL, making it easy for customers to provide instant documentation when needed.
• Will be securely retained for up to 5 years, helping customers demonstrate compliance and avoid disputes.

The Proof of Consent Certificate ensures express written consent has been collected and documented in compliance with TCPA guidelines, and provides explicit permission for the agent/company for engagement via calls, texts, and other forms of communication indefinitely, unless the lead revokes it. The PoCC also allows Fello customers to contact the lead for automated and one-to-one communications, bypassing the 90-day Do Not Call rule. 

Fello cannot generate Proof of Consent Certificates for leads collected prior to implementing these updates, as the platform lacks the required consent details.

How to handle older leads: While Fello cannot retroactively provide one-to-one consent for leads collected prior to implementing these changes — since the necessary information is not available — customers can still manually call older leads as long as they are not using auto-dialers, robocalls, or AI-based calling systems, and their outreach aligns with TCPA standards.

Get Compliant Now, So You’re Worry-Free Later

The 2025 TCPA updates represent significant changes for you as a real estate professional, particularly in how you manage lead generation and automated calls and texts. It’s critical to understand these changes and take appropriate measures to meet compliance, so you can continue to communicate effectively while avoiding potentially costly violations. 

Stay proactive by regularly reviewing your automated calling and texting practices and updating the communication preferences of your leads and clients. Also, consider consulting with legal professionals to make sure your specific practices align with the new requirements.

Though these new rules may seem restrictive, they ultimately serve to protect the audiences you communicate with — along with yourself and your team — by creating clear guidelines for professional outreach that increase transparency and trust.

At Fello, we want all real estate agents and teams to thrive. If you want more tips like this, follow us on Facebook, Instagram, or LinkedIn, where we’re always posting tips or letting you know about our most recent blog. On YouTube, we’re always posting shorts with actionable tips.

And if you’re ready to transform into a more efficient, cost-effective listing-based business, book a demo and we’ll show you how Fello can help you uncover more sellers and secure more listings.