Navigating the New FCC Rules: A Guide for Real Estate Professionals

The real estate industry thrives on communication, and reaching potential clients is crucial. But the digital age has brought with it a wave of unwanted calls and texts, leading to frustration and distrust. The Federal Communications Commission (FCC) has stepped in with new regulations to protect consumers, and these rules have significant implications for how real estate professionals connect with leads.  For detailed information from the FCC follow this link.

Understanding the Key Changes

• One-to-One Consent is Paramount: Forget blanket opt-ins! The new rules demand that consumers provide individual, specific consent to each business that intends to contact them via robocalls or "robotexts." This consent must be "logically and topically associated" with the website where they provided it. For example, someone signing up for home valuation on your website can't be assumed to consent to calls about mortgage offers from your affiliated lender.

• Lead Generation Under Scrutiny: Lead generation companies can no longer rely on broad consent obtained through third-party websites. They must ensure consumers explicitly consent to each business receiving their information.

• Existing Leads Need a Check-Up: Don't assume your current contact list is good to go! Leads obtained before January 27, 2025, may not meet the new consent standards. Review your database and re-obtain consent where necessary.

• Manual Outreach Remains Viable: While the new rules focus on automated communication, you can still make manual calls and send texts without prior consent. However, you must adhere to the Do-Not-Call Registry and avoid using pre-recorded or artificial voices.

• Legal Challenges on the Horizon: The one-to-one consent rule is facing legal challenges, and its future may be influenced by court decisions. Stay informed about any updates or changes to the rule.

Actionable Steps for Real Estate Professionals

1. Review and Revise Consent Forms: Ensure your website and other lead capture forms clearly state that the consumer is consenting to receive calls/texts specifically from your brokerage or agency.
2. Obtain Express Written Consent: Always get written consent (electronic is acceptable) before initiating robocalls or "robotexts."
3. Scrutinize Lead Generation Practices: Work only with lead generation companies that comply with the new FCC rules.
4. Stay Updated on Do-Not-Call Regulations: Regularly check the Do-Not-Call Registry and promptly remove any listed numbers.
5. Educate Your Team: Ensure all agents and staff understand the new rules and their implications.

Important Disclaimer:

This blog post is intended for educational purposes only and does not constitute legal advice. The FCC regulations are complex and subject to change. While we strive for accuracy, it is crucial to consult with an attorney for professional guidance on how to ensure your business practices are fully compliant. Final decisions regarding your business practices should be made after seeking legal counsel.