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?
| Rule | What to do |
|---|
| Scrub the National Do Not Call Registry | At least every 31 days, per the FTC, and do not call registered numbers without an exception |
| Check state registries | Several states keep their own Do Not Call lists and stricter rules |
| Keep an internal do-not-call list | Anyone who asks not to be called again goes on it, permanently |
| Call within legal hours | Between 8 a.m. and 9 p.m. in the recipient's local time |
| Identify yourself | Say who you are and who you are calling for |
| Be careful with autodialers | Automated dialing and prerecorded messages to cell phones carry extra consent rules |
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 provider | A 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.