Real estate agents who make prospecting calls are covered by the federal Do Not Call rules, which means you must check your call list against the National Do Not Call Registry at least every 31 days, call only between 8 a.m. and 9 p.m. in the prospect's time zone, and stop calling anyone who asks you to. FSBO sellers and expired listing owners whose numbers are on the registry are generally still protected when the purpose of your call is to win their listing.
This guide explains the federal rules in plain language, what they mean for common real estate lead types, and where several states add stricter rules on top.
This is general information, not legal advice. Check with your broker and your state's rules before you start a calling campaign. Last reviewed: September 30, 2026.
Which Rules Apply to Real Estate Prospecting Calls
Two sets of federal rules govern sales calls to consumers. The Telephone Consumer Protection Act (TCPA) and the Federal Communications Commission's rules under it, found at 47 CFR 64.1200, cover both interstate and intrastate calls. The Federal Trade Commission's Telemarketing Sales Rule (TSR) covers interstate telemarketing. The FTC also runs the National Do Not Call Registry itself.
The National Association of Realtors is direct about how this applies to agents. Its telemarketing and cold-calling guidance tells members to routinely check names and numbers against the registry before calling or texting. When you call a homeowner to ask for their listing or offer your services, you are making a telephone solicitation, and the rules apply to you the same way they apply to any other business.
If you want the broader strategy behind prospecting calls, our real estate cold calling guide covers scripts and structure, and the glossary entry on cold calling in real estate gives a quick definition. This post stays focused on the compliance side.
The National Do Not Call Registry: Scrub Every 31 Days
Consumers can add their residential and cell numbers to the National Do Not Call Registry for free. If a number is on the registry and no exception applies, you cannot make a sales call to it.
The FTC's Q&A for telemarketers and sellers says that if you are required to use the registry, you must synchronize your lists with an updated version at least every 31 days. The FCC rule sets the same window as part of its safe harbor: using a version of the registry obtained no more than 31 days before the call is made.
In practice, most agents get this done through their brokerage or through a dialer or data provider that scrubs lists automatically. Ask your broker how your office accesses the registry and who is responsible for keeping the scrub current. Do not assume a lead list you bought or downloaded has already been checked.
The registry also covers texts. The FCC rule states that its do-not-call protections apply to telephone solicitations, telemarketing calls, and text messages sent to wireless numbers.
Exceptions: Established Business Relationships and Permission
The main exception agents rely on is the established business relationship (EBR). Under the FCC definition, you may call a consumer on the registry if they made a purchase or completed a transaction with your business within the 18 months before the call, or if they made an inquiry or application about your services within the three months before the call.
For agents, that usually looks like this:
- A past client who closed a transaction with you or your brokerage within the last 18 months
- A lead who called, emailed, or filled out a form asking about your services within the last three months
- A consumer who gave you written permission to call them
The FTC is clear on one point that trips people up: if a consumer asks your company not to call them, you may not call, even if you have an established business relationship. The request to stop always wins over the EBR.
Because the "business" in an EBR is usually your brokerage, not you personally, ask your broker how your office tracks relationships and how it measures the 18-month and three-month windows.
FSBOs and Expired Listings on the Registry
This is where agents most often get it wrong. NAR's guidance states that you may not call a person who has advertised their property as FSBO, or whose listing with another agent has expired, if their number is on the National Do Not Call Registry. Advertising a phone number on a yard sign or listing site does not waive their registry protection for listing solicitations.
Florida Realtors adds a nuance. You may contact the owners of FSBO properties on behalf of a buyer client if they have advertised their phone number, but you may not contact them if you are trying to solicit the listing. A genuine call about your buyer's interest in the home is different from a listing pitch, and using a buyer as an excuse to pitch your listing services erases that difference.
For expired listings, the question is simply whether the number is on the registry and whether any exception applies. If the owner never had a relationship with your brokerage and their number is on the registry, a call to ask for the listing is not allowed. If you work expireds, our expired listing scripts assume you are calling numbers that have already been scrubbed.
Your Own Internal Do Not Call List
Separate from the national registry, every business that makes sales calls must keep its own company-specific do-not-call list. The FCC rule requires a written do-not-call policy, training for the people who make calls, and a process for recording requests.
Key points from 47 CFR 64.1200(d):
- When someone asks not to be called, you must honor the request within a reasonable time, and that period may not exceed 10 business days.
- You must keep the request on your list for 5 years from the time it was made.
- The request applies to your business as a whole, so it should reach every agent on your team who might call that number.
In real terms, this means that when a prospect says "take me off your list," you stop, confirm, and log it the same day. Then make sure the number gets to whoever manages your team's internal list.
Calling Hours
Federal rules prohibit telephone solicitations before 8 a.m. or after 9 p.m., measured by the local time at the called party's location. That is the rule in both the FCC regulation and the FTC's TSR.
Time zones matter here. If you call an out-of-area owner, such as an absentee owner who lives in another state, the clock that counts is theirs, not yours. Several states set narrower windows, covered in the state table below.
Caller ID and Identifying Yourself
Two identification rules apply to every sales call:
- Caller ID. Under 47 CFR 64.1601(e), anyone who engages in telemarketing must transmit caller ID information and is prohibited from blocking it. The number shown must allow a person to make a do-not-call request during regular business hours.
- Who is calling. The FCC rule requires you to give the name of the individual caller, the name of the person or entity you are calling on behalf of, and a telephone number or address where they can be contacted.
For most agents, a simple opener that includes your name and brokerage covers the second rule, and it is good practice anyway.
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Autodialers, Prerecorded Messages, and Texts
The rules get stricter when technology places the call or delivers the message. Under the FCC rule, telemarketing calls to a cell phone made with an autodialer or an artificial or prerecorded voice require the called party's prior express written consent. Prerecorded telemarketing calls to residential lines require prior express written consent as well. NAR's guidance also notes that consent is needed before using an automated dialing system to make telemarketing calls or texts.
If you use any software that dials numbers automatically, sends bulk texts, or drops prerecorded messages, talk to your broker about how consent is collected and stored before you use it on prospects. Manually dialed calls are still subject to the registry, calling hours, and internal list rules described above.
Penalty Exposure
The consequences are serious enough that compliance should be settled before anyone dials.
- FTC enforcement. The FTC states that violators may be subject to fines of up to $53,088 per violation, and each call may be considered a separate violation. The FTC adjusts this figure for inflation, so check its site for the current amount.
- Private lawsuits. Under the TCPA, 47 U.S.C. 227(c)(5), a person who receives more than one call in a 12-month period in violation of the do-not-call rules can sue for actual losses or up to $500 per violation, and a court may triple that amount if the violation was willful or knowing.
- State penalties. States add their own penalties and, in some cases, license discipline. Examples appear in the table below.
States With Their Own Rules
Many states keep their own do-not-call lists or set stricter calling rules. The table below covers a handful of well-documented examples. It is not a complete list of states with extra rules, so check with your broker and your state Realtor association for yours.
| State | What Is Different | Source |
|---|---|---|
| Texas | Keeps its own Texas No-Call list under Business and Commerce Code Chapter 304, and state law limits certain solicitation calls to 9 a.m. to 9 p.m., or noon to 9 p.m. on Sunday | Texas State Law Library |
| Florida | Solicitation calls are limited to 8 a.m. to 8 p.m. local time, with no more than three calls to the same person in 24 hours on the same subject. Real estate licensees are exempt from most of the Florida Telephone Solicitation Act, but these two limits still apply to them. Florida also keeps a state Do Not Call list, updated quarterly | Fla. Stat. 501.616, Fla. Stat. 501.604, FDACS |
| Pennsylvania | The state Do Not Call law has applied to real estate licensees since 2002. Amendments effective October 18, 2026 limit calls, texts, and marketing voicemails to 9 a.m. to 7 p.m. and ban them on Sundays and legal holidays. The state list updates quarterly and callers have 30 days to remove new numbers. Penalties reach $1,000 per violation, or $3,000 if the person is 60 or older | Pennsylvania Association of Realtors, PA Attorney General |
| Indiana | Keeps its own Do Not Call list. The Attorney General lists licensed real estate agents among the callers exempt from the state law, but that is a state exemption only, and the federal registry still applies. State penalties reach $10,000 for a first violation and $25,000 for each later one | Indiana Attorney General |
| New York | The Department of State can designate "cease and desist zones" where licensees may not solicit listings from homeowners on the state's cease and desist list, by phone, mail, or in person. The currently listed zone is part of Brooklyn (Kings County, within Community Board 17) | NY Department of State |
State rules change often. Pennsylvania's amendments are a good example of how a practice that was fine last year can become a violation, so review your state's rules at least once a year.
Compliant Prospecting Checklist
Use this before every calling session or new list. It does not replace your broker's policy, but it covers the basics described above.
| Step | What to Do | Why It Matters |
|---|---|---|
| Scrub the list | Check every number against the National Do Not Call Registry, using a version no older than 31 days | Required for sales calls to numbers on the registry |
| Check your state list | Scrub against your state's list too, if it has one | State lists and rules can be stricter than federal ones |
| Check your internal list | Remove anyone who has asked your brokerage not to call | Opt-out requests override relationships and permission |
| Confirm exceptions | Only call registered numbers with a documented EBR or written permission | An EBR lasts 18 months after a transaction, 3 months after an inquiry |
| Watch the clock | Call between 8 a.m. and 9 p.m. in the prospect's time zone, or your state's narrower window | Calling hours are measured at the called party's location |
| Show caller ID | Transmit a number that can take do-not-call requests during business hours | Blocking caller ID on sales calls is prohibited |
| Identify yourself | Give your name, your brokerage, and a way to reach you | Required identification on sales calls |
| Get consent for automation | Collect prior express written consent before autodialed, prerecorded, or automated text outreach | Automated calls and texts to cell phones need it |
| Log opt-outs fast | Record any "do not call me" request and add it to the internal list within 10 business days | Requests must be honored and kept for 5 years |
Where Sayso Fits
Sayso does not dial numbers, scrub lists, or decide who you are allowed to call. Compliance is settled before the call, by you and your brokerage. Once you are on a compliant call, Sayso listens and shows you the next line, objection responses, and local market data on screen in real time, and Smart Capture writes structured notes so details such as a request to stop calling are easy to find afterward. Adding that number to your internal list is still your job. If you want to see how live call guidance works on the calls you are allowed to make, Book a demo.
This is general information, not legal advice. Check with your broker and your state's rules. Last reviewed: September 30, 2026.
FAQ
Can real estate agents call numbers on the Do Not Call list? Only if an exception applies, such as an established business relationship or the person's written permission. Otherwise, a sales call to a number on the National Do Not Call Registry is not allowed, and a request to stop calling overrides any exception.
Can I call a FSBO seller whose number is on the Do Not Call Registry? Not to solicit the listing. NAR states that FSBO sellers on the registry are protected from listing solicitation calls. Florida Realtors notes that you may contact a FSBO seller who advertised their number on behalf of a buyer client, as long as you are not using that call to pitch your listing services.
How often do agents need to check the Do Not Call Registry? At least every 31 days. The FTC requires sellers and telemarketers who must use the registry to synchronize their lists with an updated version at least that often, and your state may require separate checks of its own list.
What hours can real estate agents make prospecting calls? Federal rules allow sales calls between 8 a.m. and 9 p.m. in the prospect's local time. Some states are stricter: Florida limits calls to 8 a.m. to 8 p.m., Texas uses 9 a.m. to 9 p.m. with a noon start on Sunday, and Pennsylvania moves to 9 a.m. to 7 p.m. with no Sunday or holiday calls starting October 18, 2026.
Do the Do Not Call rules apply to texts? Yes. The FCC's do-not-call protections cover text messages to wireless numbers, and automated telemarketing texts to cell phones require prior express written consent. Pennsylvania's 2026 amendments also treat individual texts the same as calls.
How long do I have to honor a do-not-call request? Under the FCC rule, you must honor it within a reasonable time that may not exceed 10 business days, and you must keep the request on your internal list for 5 years.
Sayso Team
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