03 Dec 2025
Dhaval Gajjar

03 Dec 2025
Dhaval Gajjar
Let’s imagine this scenario for a second… You’re an excited real estate agent with the hot listing. You quickly send mass texts to 500 local buyers like this: “Hey, a new 4BHK is listed in your area! Tour this Saturday. Are you interested?”
It looks harmless, right?
After a few minutes, half of those numbers bounce, a couple of receivers threaten to file a complaint, and your SMS tool blocks your messages for “suspicious activity.” Suddenly, what was meant to bring more leads now feels like a legal headache. The simple truth here is that text message marketing is one of the most effective ways to connect with your real estate leads, but in 2025, it also comes with legal and financial risks. You know that SMS marketing brings results in real estate, but you might not know which SMS marketing laws you need to follow. Violating these texting laws can be the reason for fines ranging from $500 to $1500 per text and even adversely affect your business reputation.
However, don’t worry! SMS compliance does not need to be confusing. This guide breaks down everything in a simple and practical way so you can send text messages confidently and legally.
Understand that real estate messages are personal. If you’re wondering why, here are the reasons. When it comes to real estate messages, you’re talking about where people might live, how much homes cost, and financial decisions that feel too big and emotional. That’s the reason US SMS marketing laws protect home buyers and sellers from unwanted and misleading text messages.
When you stick to SMS compliance, it helps you avoid heavy fines, build trust with clients, stop carriers from blocking your number, and keep your business reputation clean.
It means if you follow the rules, you will get more leads without any legal or financial trouble.
SMS compliance means sending text messages that follow SMS marketing laws and industry guidelines, such as:
| Regulation | Applies To | Why It Matters |
| TCPA – Telephone Consumer Protection Act | Marketing SMS | It requires express written consent. |
| FCC – Federal Communications Commission | General communication laws | Sets rules for texting timing and truthfulness. |
| CTIA – Cellular Telecommunications Industry Association | Carrier rules | Requires opt-in/opt-out and truthful content. |
| DNC – Do Not Call Registry | Phone calls mainly, but can also affect SMS | It protects consumers from unwanted marketing messages. |
| A2P 10DLC – Application-To-Person, 10-Digit Long Code | Carrier regulations | Requires campaign and brand registration. Non-compliant messages might be blocked or heavily filtered. |
| CAN-SPAM Act | Text spam law that applies to commercial text messages | Customers must be able to opt out of commercial text messages. Once the customer unsubscribes, it is illegal to send them text messages. |
If you send promotional text messages without consent and following SMS marketing rules, you can be penalized even if your intention is not to break the SMS marketing rules.
Let’s check out essential SMS marketing compliance tips that you need to follow in the next section.
Texting rules tighten across the US, and that’s the reason real estate professionals must take a proactive, structured approach to SMS compliance. If you make even a single misstep, whether it is an unapproved opt-in or sending text messages outside legal hours, you need to deal with hefty fines, legal troubles, and lead loss.
Here are a few SMS compliance rules checklists that you must follow to make your creative SMS campaign succeed. Following these rules helps you stay compliant, build trust, and keep your SMS outreach efforts legally sound.
It is the golden rule. To comply with the TCPA, you must get express written consent BEFORE sending any marketing text messages. You can count the following as written consent.
Your opt-in method should clearly say who you are, why you will text, what you will text, how often you will text, and that messages and data rates may apply.
Keep in mind that you should never hide opt-in language in tiny text. If the customer feels tricked, they can report you.
Here is the example of a fully compliant opt-in statement that your text message should include while taking consent from the lead.
Whenever you approach someone to join your SMS list, you must include a TCPA-compliant call to action. When someone opts in, they must know who is texting them, what type of messages they will get, and how many messages they can expect each month.
Your CTA must include:
You should also include a privacy policy, terms and conditions, and customer care contact information.
It means sending “sign up for updates” is not allowed. Instead, your CTA should be clear like this: “Sign up to receive new listing alerts from Top Value Realty. Up to 4 msgs/month.”
This type of transparency helps you build trust. Remember that buyers do not like surprises, especially in real estate.
If you want to send a real estate text message from a 10-digit number, you must now register your number to avoid carrier filtering. It has become mandatory now.
For that, you need to submit your business EIN, your campaign use case, a sample text message with disclosure, and the description of the opt-in process. An automated text messaging platform like Textdrip helps you in the A2P 10DLC registration process.
Your every promotional text message must include an unsubscribe option. You must accept these words automatically, like STOP, CANCEL, END, UNSUBSCRIBE, etc.
For example, you must include an opt-out line with each text message, like “Reply STOP to unsubscribe.”
When someone unsubscribes, you must send a confirmation text message like this:
“You’ve been unsubscribed and will no longer receive texts from HomeScout Realty.”
You must remove them immediately without any excuses.
You should never send unsolicited text messages. It is illegal under TCPA even if the receiver is a lead. Also, never buy a contact list from any third-party vendors. It is extremely risky.
Cold texting without consent means a violation, complaint, and fine. Here are some legal ways that you need to use to collect leads.
| Method | How It Works |
| QR Code at Open House | “Scan to get price updates via text.” |
| Facebook/Google Lead Forms | Add a consent checkbox. |
| Website Pop-Ups or Landing Pages | Clear opt-in message + checkbox. |
| Text-to-Join Keywords | “Text HOME to 12345 to get listings.” |
If there is no opt-in proof, do not text them.
The CTIA guidelines include what type of text messages you can send as a business or an organization. Some prohibited SMS content is SHAFT: Sex, Hate, Alcohol, Tobacco, and Firearms. It means that if you include any topics/information related to these in your message or CTA, wireless carriers will immediately ban it.
Usually, these topics are uncommon in real text messages, but you should keep them in mind if you’re promoting an event that includes alcoholic beverages.
In case you need to send this type of message, then before sending, verify your contact’s age and make use of your registered local number.
You should never send promotional text messages during quiet hours mentioned by TCPA. It is before 8 AM and after 9 PM. Keep the recipient’s local time zone in mind.
Therefore, never assume that the recipient is in your area. He or she might be traveling. If your recipient requires any logistical information or needs answers to their questions, you can send them during quiet hours; otherwise, avoid texting during quiet hours.
In real estate, usually, emotional decisions are involved. Therefore, false urgency or exaggerated claims get you reported. Here are some things that you should avoid saying.
| Avoid Saying | What to Say |
| “Hottest deal in town!” | “This property is getting a lot of interest.” |
| “Guaranteed best investment.” | “Would you like more details or a tour?” |
| “This home will sell today only!!” | “This neighborhood has seen rising demand lately.” |
Therefore, be real, as it will help you earn trust and close deals faster.
Real estate text messages include sensitive information like location, availability, financial status, and negotiation details. You should never share loan documents, credit information, or your full address before verification or identity documents.
You should use CRM tools and an automated text messaging platform like Textdrip that stores consent logs safely.
Your personal phone cannot store consent proof, automate opt-outs, prevent spam messaging, and register under A2P 10DLC, which is required for business texting in the US.
You should look for an SMS platform like Textdrip that manages automated opt-out, TCPA consent records, CRM integration, time-zone scheduling, delivery and audit logs, and A2P 10DLC registration.
Here are a few compliance-friendly SMS templates that help you understand what type of text messages you can send to your existing or potential customers.
| Type | SMS Examples |
| New Listing Alert | “Hi Emma, it’s Jordan from MapleKey Realty. A new 3-bed home just became available in Brookline, close to the area you liked. Want me to send photos and pricing? Reply STOP to unsubscribe.” |
| Appointment Reminder | “Hey Michael, this is Lisa at BlueDoor Estates. Quick reminder about your home tour at 22 Willow Lane today at 4 PM. Need to reschedule? Just text me RESCHEDULE. Reply STOP to unsubscribe.” |
| Open House Invitation | “Hi Sofia, Tom from NestCorner Homes here. We’re hosting an open house at 583 Hillcrest Dr. this Saturday. Would you like a virtual tour link beforehand? Reply STOP to unsubscribe.” |
| Home Valuation Follow-up | “Hi David, thanks for checking your home value with BrightStreet Realty. Ready to see a detailed estimate and buyer demand in your area? Want me to email it? Reply STOP to unsubscribe.” |
| Document Reminder | “Hello, Olivia, it’s Karen from SunnyStone Properties. Please upload the remaining documents via the secure link we shared earlier. Let me know if you need help. Reply STOP to unsubscribe.” |
The best real estate agents are not only the ones who are great at selling homes, but they’re also great at building relationships. As a real estate agent, you follow SMS compliance, which shows you respect people’s privacy, time, and choices. When buyers feel respected, they respond faster and trust you more.
If you want a tool that makes compliance effortless, Textdrip is ideal for real estate texting. It automatically handles opt-outs, tracks TCPA consent, and helps your business register under A2P 10DLC so you can text safely and professionally without worrying about legal mistakes. Book Textdrip’s demo and see how your real estate marketing efforts thrive.
Real estate agents must get written permission before sending marketing texts, clearly identify themselves, and provide an easy way to unsubscribe. They must also avoid texting during restricted hours and never send misleading or cold messages. These rules help protect consumers and keep agents legally safe.
Agents should avoid sending personal, financial, or sensitive documents through text messages. Instead, they should use secure links, encrypted tools, and trusted CRMs to share information safely. Keeping conversations professional and secure helps protect client data.
A compliant message should include the sender’s name or company, the purpose of the message, and a clear opt-out option like “Reply STOP to unsubscribe.” This helps clients know who’s texting them, why they’re getting messages, and how they can stop them if they choose.