Compliance

Is Cold Calling Legal for Real Estate Agents? DNC Rules 2026

Yes, cold calling is legal for real estate agents, but a call to solicit a listing is telemarketing, so Do Not Call rules apply. Scrub against the National Do Not Call Registry at least every 31 days, call only between 8 a.m. and 9 p.m. local time, and honor every opt-out. The FCC declined to exempt expireds and FSBOs, so registered numbers are off limits unless an exception applies.

Do the Do Not Call rules apply to real estate agents?

This is general information, not legal advice. Rules change and vary by state, so confirm your setup with a qualified attorney or your state Realtor association.

Yes. Calling a homeowner to offer your services as a listing agent is a telemarketing call. When NAR asked the FCC to exempt calls to expired listings and FSBOs, the FCC declined in a 2005 order, as summarized by Florida Realtors and NVAR.

Can you cold call expired listings?

Only if the number is not on the National Do Not Call Registry, or an exception applies.

  • Not on the registry: you can call, within legal hours, and honor any opt-out.
  • On the registry: you may not call to solicit the listing, unless the expired listing was with your own firm.
  • Your firm had the listing: the established business relationship lets your firm's agents contact the seller for up to 18 months after the listing ended, per state association guidance.

Can you cold call FSBOs?

Not to solicit a listing if the number is on the registry. A phone number on a yard sign or a FSBO website does not override Do Not Call rules.

The exception state associations point to: an agent who represents an actual buyer may call a FSBO to discuss selling the property to that buyer. That is not a listing solicitation.

What are the core rules for every call?

RuleWhat to do
Scrub the National Do Not Call RegistryAt least every 31 days, per the FTC, and do not call registered numbers without an exception
Check state registriesSeveral states keep their own Do Not Call lists and stricter rules
Keep an internal do-not-call listAnyone who asks not to be called again goes on it, permanently
Call within legal hoursBetween 8 a.m. and 9 p.m. in the recipient's local time
Identify yourselfSay who you are and who you are calling for
Be careful with autodialersAutomated dialing and prerecorded messages to cell phones carry extra consent rules
Rather have compliant calling done for you?Every list scrubbed, every call recorded. 15 to 90 appointments a month, guaranteed in writing.
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Can you call past clients and your sphere?

Usually, through the established business relationship exception. It generally covers 18 months after a transaction with you, and 3 months after a person inquired about your services, per state association guidance. After that, a registered number needs consent before you call.

Friends and family you know personally are a different matter from solicitation lists, but if they ask you not to call, add them to your internal list.

What are the penalties?

High enough that one bad list can cost more than a year of commissions. Under the Telephone Consumer Protection Act, a consumer can sue for $500 per call, and up to $1,500 per call if the violation is willful. Federal and state regulators can add their own penalties on top.

$500 to $1,500per call in damages a consumer can seek under the Telephone Consumer Protection Act

If you outsource calling, who is liable?

Hiring someone else to dial does not move the liability off you. The agent or brokerage the calls are made for can still be held responsible. That is why who dials for you matters.

Ask the providerA good answer
How often do you scrub the registry?Before every campaign and at least every 31 days
Do you check state lists?Yes, for every state you call into
How do you handle opt-outs?Added to an internal do-not-call list immediately
What hours do you call?Only within legal local-time windows
Are calls recorded?Yes, every call, so you can hear what was said

For investors and wholesalers, see our guide on whether cold calling is legal for wholesaling.

How does Call Savvys handle compliance?

We run the calling-side compliance on every list, every day. Every list is scrubbed against the National Do Not Call Registry and applicable state lists before the first dial, opt-outs go on an internal do-not-call list, and callers dial only within legal hours. Every call is recorded. Hear our callers or see a real sample lead.

15 to 90appointments a month, guaranteed in writing. Miss it? We keep dialing for free.

See pricing, the guarantee, and how fast we start: we can start within 48 hours. We are not a law firm; your state's rules and how you use the appointments are yours to confirm with counsel.

Frequently asked questions

Yes, but calls to solicit a listing are telemarketing, so Do Not Call rules apply. Scrub the National Do Not Call Registry at least every 31 days, call between 8 a.m. and 9 p.m. local time, and honor opt-outs.
Not to solicit the listing, unless the expired listing was with your own firm, which state associations say allows contact for up to 18 months after it ended.
Not to solicit a listing. An agent representing an actual buyer may call to discuss selling the property to that buyer.
At least every 31 days under the FTC's Telemarketing Sales Rule, plus any state lists that apply.
Under the Telephone Consumer Protection Act, a consumer can seek $500 per call, and up to $1,500 per call if willful, with regulators able to add penalties.
Yes. Every list is scrubbed against the National Do Not Call Registry and applicable state lists before dialing, with an internal do-not-call list and legal calling hours.

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