The TCPA Czar's 7 Essential Tips for Compliance in Real Estate

In a recent webinar hosted by Fello CEO Ryan Young, TCPA compliance expert Eric J. Troutman (known as the Czar of TCPAWorld) shared critical insights about staying compliant with telemarketing regulations. As the founding partner of Troutman Amin, LLC and creator of TCPAWorld.com, the Czar broke down exactly what real estate professionals need to know about contact compliance in 2025.

Watch the full webinar HERE for all of the Czar's tips for TCPA compliance →

Here are the Czar's essential tips for keeping your outreach legal and avoiding costly lawsuits:

1. Know Your Basic TCPA Rules

The Telephone Consumer Protection Act (TCPA) has two main restrictions that can each independently create liability:

• You cannot use regulated technology (auto-dialers, pre-recorded calls, AI outreach, etc.) to contact cell phones without proper consent
• You cannot call numbers on the National Do Not Call (DNC) Registry for marketing purposes without specific exceptions

Breaking either rule can result in penalties of $500–$1,500 per call or text. And here's the kicker — anyone you contact can sue you privately and bring a class action covering all your calls/texts for the past 4 years.

2. Understand What Technology Requires Written Consent

Before using any of these tools, you must have express written consent:

• AI voice/calling technology
• Pre-recorded calls/voicemails
• Ringless voicemails
• Auto-dialers
• Mass texting systems

The consent must meet the Troutman 9 requirements — a specific set of disclosures required by federal regulations. A simple "you can call me" won't cut it.

3. Know Your Contact Consent Categories

Your database contacts fall into four buckets with different rules, and you may want to consider segmenting them as such:

Full Express Written Consent: Can contact using any technology, indefinitely

Written Prior Express Permission: Can call manually even if on DNC, indefinitely

General Inquiry: 90-day window to contact manually

Established Business Relationship: 18-month window to contact manually after transaction

4. Maintain Proof of Consent

Keep detailed records showing:

• The exact consent language used
• Date and time of consent
• IP address
• Location information
• How the consent was obtained

Without proper documentation, you'll have little defense if challenged. See how Fello has automated capturing consent and maintaining proof of consent for our customers.

5. Monitor Your Numbers Regularly

Phone numbers change hands frequently. Just because a number wasn't on the DNC list last month doesn't mean it isn't now. Set up regular DNC scrubbing of your database (at least monthly) to stay compliant.

Read how Fello's DNC Enrichment helps our customers identify which contacts on their databases are on the DNC. Contacts can then be added to a Segment to be enrolled into one of our automated campaigns to help capture consent. 

6. Handle "Stop" Requests Properly

Starting April 11, 2025, new rules expand how businesses must handle "stop" requests:

• A stop request to a marketing message requires stopping all marketing across all channels
• A stop request to an informational message requires stopping all communication
• You get one confirmation message within 5 minutes to clarify their stop request
• After that, respect the stop or risk serious liability

7. Be Extra Careful with Cell Phones

Even for B2B calls, the TCPA applies to cell phones. Unless you're certain a number is used exclusively for business:

• Assume any cell phone on the DNC list is a residential line
• Don't use automated technology without proper consent
• When in doubt, only use manual calling methods

The Bottom Line

As the Czar emphasizes, "Everything that was illegal on Friday [January 24] is still illegal on Monday [January 27]” because the 1:1 requirement was struck down by the courts before it could go into effect. Cold calling isn't dead, but it requires careful compliance. Follow these guidelines:

1. Scrub against the DNC registry
2. Use manual dialing unless you have proper written consent
3. Keep detailed records
4. Stay updated on state-specific restrictions
5. When in doubt, err on the side of caution

For more detailed guidance, visit TCPAWorld.com or consult with a qualified TCPA attorney. The potential penalties make it worth investing in proper compliance upfront.

This blog post is based on a webinar with Eric J. Troutman and is for informational purposes only. It does not constitute legal advice.